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(영문) 서울중앙지방법원 2015.10.02 2015가합546430
분양대금 등
Text

1. As to KRW 340,075,197 and KRW 129,527,915 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 340,075,197, and KRW 210,547,282.

Reasons

1. Facts of recognition [based on recognition] 1, 2, 3, 4-1, 2, 5, 6, 7, 18-1 through 4, 9, and the purport of the whole pleadings and arguments;

A. The party-related plaintiff is a contractor and a contractor who newly built and sold an apartment B (hereinafter “the apartment of this case”) in Jung-gu, Incheon, and the defendant is a buyer.

B. (1) On November 11, 2009, the Plaintiff entered into a sales contract with the Defendant to receive installment payments of KRW 32,97,940,00 among the sales price of KRW 331,540,00 of the sales price of the instant apartment 112 Dong 2903 on a six-time basis, by dividing the intermediate payment of KRW 197,940,000 into six-minutes each month from April 15, 2010 to May 15, 2012 (Article 5 of the sales contract: 181,540,000 of the sales price of the instant apartment 112 Dong 2903). The Plaintiff agreed to arrange the payment of the intermediate payment of KRW 32,99,610,000 each month from April 15, 201 to May 15, 2012 (Article 96).

(3) The Defendant borrowed an intermediate payment of KRW 197,940,00 from a national bank, and the Plaintiff paid KRW 19,615,915 to November 15, 2012 on a monthly basis, from April 15, 2010 to November 15, 2012. (4) The Plaintiff completed a usage inspection on the instant building on October 26, 2012, and notified the Defendant of the occupancy procedure guidance for the occupancy period from November 3, 2012 to December 31, 2012, but the Defendant did not pay the remainder by the end date of the designation date.

5 In accordance with the loan agreement with the National Bank on October 10, 2013, the Plaintiff extended to the National Bank the outstanding intermediate payment principal of KRW 197,940,00 and overdue interest of KRW 197,940 and the Defendant.

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