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(영문) 서울중앙지방법원 2019.09.04 2018가단5194296
계약금반환 등
Text

1. On August 21, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 94,049,938 and KRW 15,674,90 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is an executor of a business that newly constructs and sells accommodation facilities referred to as “D” (hereinafter “instant hotel”) on the land outside C and four parcels at Seopoposi-si.

B. Around July 29, 2015, the Plaintiff concluded a sales contract with the Defendant to sell E units of the hotel of this case (hereinafter “instant sales contract”). KRW 10,449,93 as the down payment at the time of the contract, KRW 15,674,90 as the intermediate payment at the time of the contract, KRW 10,49,93 as the intermediate payment at the time of August 20, 2015, KRW 10,49,93 as the second intermediate payment until November 20, 2015, KRW 15,674,90 as the third intermediate payment until February 20, 2016, KRW 10,49,49,93 as the intermediate payment at the time of the contract, and KRW 10,49,93 as the scheduled date of sale at the 20th of May 20, 2016, KRW 10,49,93 as the intermediate payment at the 30th of May 19,197.

C. Of the content of the instant sales contract, other parts related to the instant case are as follows.

Article 5 (Procedures for Taking over and Taking over Objects Sold)

1. A (the defendant, hereinafter the same shall apply) shall notify Eul (the plaintiff, hereinafter the same shall apply) (the plaintiff, hereinafter) of the date on which the subject matter of sale is transferred;

2. B shall pay in full the sale price and overdue interest thereon within the prescribed period, and submit all the documents required by A.

Article 6 (Advance Interest and Advance Payment)

1. Where Eul fails to pay the intermediate payment or the balance, it shall apply the overdue interest rate of 18% per annum to the amount of the arrears and pay Gap;

Provided, That the number of days in arrears of the remainder shall be calculated from the 30th day after the date of transfer of the object of sale.

4. A may, even during the payment period of intermediate payments, designate the date of transfer and takeover of the subject matter of sale, and shall have an obligation to notify B not later than three months prior to the said at least.

In addition, the transfer date of the object of sale shall be earlier than the scheduled date of transfer of the object of sale.

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