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(영문) 서울중앙지방법원 2020.01.22 2019나47942
위약금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 12, 2017, the Plaintiff entered into a supply contract with the Defendant regarding C collective housing No. D (hereinafter “instant supply contract”) with the following terms and conditions (hereinafter “instant supply contract”).

C Article 1 (Supply Price and Payment Method) of the supply contract under Article 1 (Supply Price and Payment Method) 208,90,000 won (60%) 3 times (10%) 4 (10%) 5 times (10%) 6 times (10%) 10,000,000 won (10%) 10,000 won) 10,000 won on May 25, 2017, 2017, 2017.

2. Where the second down payment and intermediate payment are not paid within the period of three months as determined by “A” and the payment has not been made even at least twice with a grace period of at least 14 days fixed;

6. Where “B” has received a loan from a lending institution under the loan agreement of “B” and then the lending institution requests the “B” or the “B” corporation to pay the principal and interest of the loan to the “B” or the “B” corporation due to a cause attributable to the said lending institution, or where the financial institution requests the “B” or the “B” corporation to pay the principal and interest of the loan to the “B” or the “B” corporation pursuant to the loan agreement entered into separately with “A” or the financial institution, even if the “B” has set a grace period of at least 14 days and notified at least two times, the “B” is unable to resolve the cause of vicarious payment (at the time of the cancellation of the contract, “B” shall return the remaining amount after deducting the amount of subrogation and the penalty from the price of parcelling-out for which the “B” has already paid”).

(4) In cases falling under paragraphs (1) and (2), "A" shall apply to the price already paid (in cases falling under paragraph (1), penalty for breach of contract shall be deducted) by "B", respectively.

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