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(영문) 인천지방법원 2015.11.18 2013가단50045
정산금
Text

1. The Defendant’s KRW 18,244,398 for the Plaintiff and its related KRW 5% per annum from November 6, 2012 to November 18, 2015.

Reasons

1. Facts of recognition;

A. On March 14, 2008, the Plaintiff entered into a sales contract of KRW 343,000,000 for the total sale price (hereinafter “instant sales contract”) with the Defendant as to the apartment newly built and sold by the Plaintiff (hereinafter “instant apartment”), and the Defendant paid the Plaintiff the down payment of KRW 34,300,000 on the same day.

B. At the time of entering into the instant sales contract, the Defendant received a loan from the National Bank for the payment of intermediate payments pursuant to the instant sales contract with the Plaintiff, and the loan was directly received from the National Bank, and the interest accrued therefrom was agreed to be paid by the Plaintiff to the Plaintiff in the late payment.

(hereinafter “instant loan”). C.

On the other hand, the Plaintiff entered into a business agreement with the National Bank (hereinafter “instant business agreement”) in relation to the instant loan. ① In the event that the sales contract is cancelled after the execution of the intermediate payment loan to the seller of apartment house after the execution of the apartment house loan, and the buyer loses the eligibility for sale in lots or is disqualified for occupancy, the seller shall lose the benefit of the time limit for the loan (Article 6(1)2 of the Business Agreement), ② in the event that the buyer delays the refund despite the buyer’s claim for the refund of the loan to the buyer, the Plaintiff immediately cancelled the sales contract for the collection of the national bank’s claim, and immediately pays the down payment and the intermediate payment already paid to the buyer to the National Bank as the principal and interest of the buyer of the sales contract to the National Bank (Article 7(1) of the Business Agreement), and ③ in the event that the buyer’s remaining claims or loans cannot be appropriated as above, the Plaintiff shall jointly and severally pay the buyer’s obligation to the National Bank.

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