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(영문) 부산지방법원동부지원 2016.09.08 2016가합101043
손해배상(기)
Text

1. The defendant shall attach the attached Form to the plaintiff (appointed party) and the appointed party.

1. The amount recognized in the table of "the details of physical compensation" is the column.

Reasons

1. Basic facts

A. Attached Form between the Plaintiff (Appointed Party) and the Appointor

2. Excluding the designated parties listed in the “List of Persons Eligible for Credit Acceptance”:

2. The buyers B or lower indicated in the “transferor” column enter into a sales contract with the Defendant for the supply of the main apartment (hereinafter “instant apartment”) on the ground of Busan Shipping Daegu and 51 lots (hereinafter “instant apartment”) respectively, and the sales contract for the instant apartment (hereinafter “sale contract”).

1. The details of the penalty for delay paid the down payment and intermediate payment, as indicated in the column, respectively.

Of the instant sales contract clauses, the provisions pertaining to the instant sales contract are as follows.

The scheduled date of occupancy: Article 5 (2) (2) of the Act on October 2012 (by the later notified key in case of a somewhat change in the number of days of delay in the payment of the intermediate payment and the balance, when the date of payment of the contract has elapsed due to delay in the payment of the intermediate payment and the balance, the purchaser shall add to the number of days of lapse the arrears calculated by applying the weighted average credit rates of deposit banks (5.70% per annum) announced by the Bank of Korea at the time of concluding the supply contract to the overdue interest rate of the highest bank (based on the previous year of the contract date) and the overdue interest rate for each overdue period as determined by the highest bank (based on the contract date),

Provided, That where the planned part payment schedule is considerably delayed, the defendant and the purchaser may adjust the payment schedule of the part payment through consultation.

The overdue interest rate of less than one month for each overdue period: 11.9% (hereinafter omitted) per annum. (3) If the defendant is unable to move into on the scheduled date for occupancy prescribed in the main sentence of this contract, he/she shall pay the price already paid to the purchaser in accordance with the overdue interest rate under paragraph (2) or deduct it from the remaining price.

(4) Where completion is delayed due to force majeure, such as natural disaster or administrative order, not attributable to the defendant, the defendant shall do so.

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