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(영문) 서울서부지방법원 2015.10.22 2014가합35440
위약금 등
Text

1. The Plaintiff, Defendant A and B, jointly and severally, KRW 38,800,00,00, and Defendant C and D with respect thereto from September 29, 2014.

Reasons

1. Facts of recognition;

A. The Defendants entered into a contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) under which each of the households of H apartment located in Yongsan-gu G (hereinafter “instant apartment”) was sold in lots as shown in the table below (hereinafter “each of the instant sales contracts”), and on the same day, the Defendants paid the Plaintiff the down payment for each of the instant sales contracts.

On July 23, 2008, Defendant A, B, B, 903 Dong 908,000,000,000 on July 23, 2008, Defendant C, D, June 2009, 2102 Dong 2102 Dong 1,095,000,000 on June 8, 2009, Defendant E, Defendant E, August 102, 2008, 579,000,000 on August 102, 200,000 on August 25, 2008, 1101,000,0000,000

B. Of the entries in each of the instant sales contracts, the major contents pertaining to the rescission of the contract, intermediate payment loans interest, penalty, etc. are as follows.

(However) However, “A” means the Korea Asset Trust, “B” means the buyer, and “B” means the Plaintiff, the buyer, and “B” means the Plaintiff, the contractor. Article 2 (B)(3) The monthly interest on repayment to be borne by “B” in relation to a loan agreement subsequent to the interest on the part payment of the part payment, “B”, and “B” shall pay in lieu of “A” (joint and several sureties), and “B” shall pay in addition to the amount of supply prescribed in Article 1 at the time of occupancy, the entire repayment interest paid instead of “A” shall be paid to “A” separately from the amount of supply prescribed in Article 1. The base date for the burden on the lender shall be the date of the first occupancy designation designated by “A”, and “B” shall be borne by “A” after the base date on which the payment of the part payment was made instead of “A” until the base date prior to the date of the first occupancy designation.

Provided, That where a contract is terminated inevitably under the recognition of "A", the interest on the loan of "B" that has already been paid by "A" by the date of request for the cancellation of the contract shall be repaid in full to "B".

9 This Agreement.

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