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(영문) 부산지방법원 동부지원 2017.01.12 2016가합101432
손해배상(기)
Text

1. The defendant shall be the designated parties except 98 C, 188 D, 189 E, 190 F, 191 G, 192 H, 193 I, and the remaining designated parties.

Reasons

1. Basic facts

A. The Plaintiff et al. entered into a sales contract with the Defendant for the supply of each of the same subparagraph stated in the column No. 3 of the attached Table No. 1 (hereinafter “instant apartment”) among apartment buildings constructed on the land of JJ and two lots (hereinafter “instant apartment buildings”) from the Defendant on the date stated in the attached Table No. 1 (hereinafter “instant sales contract”). The buyer or the buyer acquired the status of the buyer under the instant sales contract from the buyer or buyer.

B. Of the instant sales contract, the text of the sales contract concluded in 2012 states the “scheduled date of occupancy: the scheduled date of August 2014 (or the scheduled date of subsequent notification if somewhat modified according to the process)” and the text of the sales contract concluded in 2014 states the “scheduled date of occupancy: August 2015 (or August 2015 if altered somewhat according to the process).”

Other parts related to this case among the sales contract of this case are as follows.

Article 3 (Liability for Interest on Loan) (1) The apartment of this case arranges the Defendant for a loan of intermediate payment within the limit of 60% of the total purchase price through a financial institution.

(3) The interest rate on the loan shall be paid by the defendant by the day immediately before the commencement of the designation period of the occupancy due to the interest payment system, and the buyer shall bear the burden directly from the commencement date of the designation period of the occupancy, and the buyer may also move in with the interest paid by the defendant at the time of the occupancy.

(2) If the date of the contract has expired due to the delay in the payment of the intermediate payment and the balance, the buyer shall pay the late payment charge applied differently for each overdue period as follows in accordance with the standard terms of the Fair Trade Commission in accordance with the calculation of the overdue interest rate of the standard contract:

If the Defendant is unable to move into the scheduled occupancy date set forth in the Preamble part of this Agreement for at least 1 month but less than 3 months and less than 6 months, 10.62% per annum of 12.62% per annum of 12.62% per annum of 12.62% per annum of 13.62% per annum of 14.62% per annum of 13.62

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