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(영문) 서울중앙지방법원 2017.05.18 2015가단19139
구상금 등
Text

1. The defendant shall pay KRW 7,445,00 to the plaintiff.

2. The costs of lawsuit are assessed against the Plaintiff and the Defendant respectively.

3...

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”) is an executor who newly constructs and sells an E apartment (hereinafter referred to as “the apartment of this case”) which is a multi-family housing of 3,000 households on the land of 34,000 square meters and over the Nam-gu Busan Metropolitan City D and 169,840 square meters on the land of 34,000 square meters, and the Plaintiff is a contractor who received a contract

B. On April 26, 2005, the Defendant entered into a sales contract with C with the following contents (hereinafter “instant sales contract”). Of the sales price, (i) the first down payment with the amount of about 5% of the sales price and the second down payment with the amount of about 10% or 15% of the sales price, and (ii) the intermediate payment shall be paid in installments at 60% or 65% of the sales price, and (iii) the intermediate payment shall be paid in six installments (10% per one time if the sale price is 60%, and 10% if the sale price is 65%, and 10% and 15% if the sale price is divided) and (iv) the balance shall be paid at the time of occupancy.

[The sales contract in this case] The implementer C refers to "A" and the purchaser "B" enters into an apartment supply contract between Gap and Eul as follows.

Article 1 (Supply Prices and Payment Methods)

3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which A mediates loans to B and pays the remainder and interest on loans at the time of occupancy.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

2. Where the financial expenses incurred in relation to the remaining and interest late payment system have not been paid within three months after the expiration date of the designation of occupancy.

3. Eul is unable to move into within three months from the scheduled date of move into due to reasons attributable to Gap.

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