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(영문) 서울중앙지방법원 2017.09.06 2015가단37526
구상금등
Text

1. The Defendant shall pay KRW 6,910,00 to the Plaintiff KRW 15% per annum from August 10, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

(a) Conclusion of sales contract 1) Unaccompanied Engineering Co., Ltd. (hereinafter “unaccompanied”)

The apartment of E (hereinafter “the apartment of E”) on the Nam-gu Busan and 35 lots is called the apartment of this case.

(2) On July 23, 2005, the Plaintiff entered into an apartment supply contract with the non-party F to purchase the instant apartment units in the amount of KRW 252,00,000 from the supply of the instant apartment units in the amount of KRW 252,00,00 (hereinafter “instant sales contract”), and the Defendant entered into a contract with the F around April 18, 2007 to succeed to all rights and obligations under the said sales contract.

3) According to the instant sales contract, the sales contract of this case provides for a loan of an amount equivalent to 50% of the total purchase price to the buyer, and the buyer, at the time of occupancy, agreed to pay the balance and the interest on loans together, and the buyer, at the time of the purchase, did not pay the financial expenses under the remaining payment and interest payment system within three months from the expiry date of the designation of occupancy (Article 2(1)3), the executor may terminate the contract (Article 2(1)3), and the total purchase price belongs to the executor as penalty, and the executor shall refund the buyer with the interest equivalent to 3% per annum (Article 3(1) and (3)) plus the interest equivalent to 12,60,000 of the first down payment under the instant sales contract (Article 3(4)).

B. Upon completion of the apartment building of this case, including the acquisition of the Plaintiff’s bonds, it notified the Defendant of August 27, 2008 as the commencement date of the designation of occupancy of the apartment building of this case, and on November 27, 2008, the sales contract of this case between the Plaintiff and the Plaintiff in order to secure the construction cost obligation due to the construction of the apartment of this case.

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