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(영문) 부산지방법원 2020.11.26 2019가단325496
약정금
Text

The defendant shall pay 56,384,185 won to the plaintiff and 12% per annum from July 10, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) operated by D, E, etc., including the sale of C buildings and the Defendant’s sales contract

(C) From May 2016, the captain of Busan-gun C building (hereinafter referred to as “C building”) is a building.

corporation G (hereinafter referred to as “G”) while proceeding with the implementation and sale of shares;

(2) On May 26, 2016, the Defendant and H concluded each contract for the sale of buildings C with G, J, K, and L (hereinafter collectively referred to as “instant contract for sale,” and the sale price, etc. are the same as the details of the sale price in attached Form).

Defendant and H paid down payment, first or fifth intermediate payment, and the second or fifth intermediate payment received intermediate payment loans from financial institutions.

The relevant parts of the instant sales contract are as follows.

Article 3 (Cancellation of Contracts) (2) The buyer may cancel this contract by himself/herself in cases falling under his/her own circumstances.

However, even if an intermediate payment is paid once, it shall be limited to cases recognized by the seller.

(3) Where any of the following causes occurs due to a cause attributable to a seller, the buyer may cancel the relevant contract:

1. Where occupancy is delayed for more than three months from the scheduled date of occupancy. Article 4 (Penalty, etc.) (2) Where this contract is rescinded for reasons falling under Article 3 (3), the seller shall pay 10% of the total supplied amount to the purchaser as penalty;

(3) In cases falling under paragraphs (1) and (2), with respect to the price already paid by the purchaser, the trustee and the seller shall refund the price to the purchaser by adding an interest equivalent to the statutory interest rate (five percent per annum) under the Civil Act from the date of respective receipt

(b) the occurrence of a dispute related to C Building and the conclusion of delegation contracts with M is at the time of sale of C Building.

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