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(영문) 인천지방법원 부천지원 2018.01.26 2017가단10222
정산금
Text

1. The Defendant’s KRW 57,050,798 as well as the Plaintiff’s annual rate of 6% from May 5, 2012 to January 26, 2018.

Reasons

1. The facts following the facts are either disputed between the parties, or acknowledged based on Gap evidence 1-1-2, Gap evidence 3, Gap evidence 4-1, 2-2, and Gap evidence 7, and the whole purport of arguments as a result of the response to the order to submit financial transaction information to the National Bank Co., Ltd. on November 29, 2017.

Article 1 (Methods for Payment of Sale Price)

1. A (the plaintiff, hereinafter the same shall apply) shall supply the above indicated property by the following methods, and B (the defendant, hereinafter the same shall apply) shall pay the corresponding amount to the bank and account designated by A:

(b) The payment method (unit: 6,510,006,510,510,510,66,5006,510,66,510,0006,510,66,510,600,510,600, 66,510,510,6,510,0006,5106,510,510,6,510,510,365,865,865,665,65,000,003 (0. 25,08. 25, 09. 25,000) and 4th (09. 25,00365,865,65,65,000) and 63,25,000

3. Where part of the supply price under paragraph (1) is appropriated for a loan from a financial institution arranged by Gap, the following matters shall be performed:

(6) Where a contract for sale in lots is cancelled due to a cause attributable to B, B shall deduct the interest on loans paid by B from the refund amount calculated by deducting the penalty to be refunded by A, from the refund amount.

[Cancellation of Contracts]

1. A may cancel a contract without a separate peremptory notice, where B has committed any of the following acts:

(2) Where the balance is unpaid within three months after the end of designation of occupancy.

3. B may rescind this contract in cases where it is impossible to move into within three months from the scheduled date of move into due to any cause attributable to A.

Article 3 [Penalties and Refund]

1. When this contract is terminated for reasons falling under any subparagraph of Article 2(1), the total amount of supply shall be reverted to A as penalty for breach of contract;

3. At the time of rescission of this contract, the interest costs paid by the Party A, in addition to the penalty, shall be paid separately to Party A.

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