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(영문) 부산지방법원 동부지원 2021.01.20 2020가단206412
분양대금반환 청구의 소
Text

The defendant shall pay 18,93,890 won to the plaintiff and 12% per annum from March 28, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant related to the parties is a company that newly constructs and sells a hotel E (hereinafter “instant hotel”) on the Busan Shipping Daegu C and D’s ground, and the Plaintiff is the multiple minutes of the instant hotel.

B. (i) On February 17, 2017, the Plaintiff entered into a contract with the Defendant to sell the hotelF units of this case in KRW 189,938,90 (hereinafter “instant supply contract”) and paid the down payment of KRW 18,994,00 to the Defendant. Of the intermediate payment, the first and fourth intermediate payments received a loan from G Cooperatives, a financial institution arranged by the Defendant.

The contents related to the determination of the instant case in the instant supply contract are as follows (the “A” refers to the Defendant of the seller, and the “B” refers to the Plaintiff of the seller: the scheduled date of the entry room: April 2019 (the scheduled date of entry room may be somewhat modified according to the use and inspection process, and the accurate date of entry room and the payment date of the remainder shall be notified later).

Article 1 【Supply Price and Payment Method】

5. “A” shall not be obliged to separately notify “B” of the order of appropriation for the payment of the parcelling-out price received from “B” in the order of the late payment charge (including damages), interest on loans (including subrogated payment), the first installment payment, and the remainder.

Article 2 2 【A” shall pay late payment charges in accordance with the following table where the payment of the intermediate payment and the balance has been delayed.

Provided, That the period of arrears shall be calculated from the date following the date of the designation of the remainder after completion.

(Attachment omitted) (4) If “A” is unable to move into “B” on the date of commencement of the occupancy under this Agreement, “B” shall pay “B” the amount calculated by applying the interest rate of 15% per annum on the overdue payment and intermediate payment as set forth in this Article to “B”, as the delayed reward.

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