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(영문) 서울동부지방법원 2016.04.20 2015가단110806
이자대납금반환등
Text

1. The Defendant’s KRW 33,665,771 as well as 5% per annum from June 25, 2014 to April 20, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sold the Seo-gu Incheon apartment complex B, and the Poco Construction Co., Ltd. (hereinafter “Poco Construction”) is a company that takes charge of the management of the above apartment sale contract and the buyer pursuant to the Special Agreement on the Management-Type Land Trust Contract (Article 8(4)(e)) concluded with the Plaintiff on September 30, 2009 as the contractor of the above apartment complex.

B. On January 12, 2010, the Plaintiff and Bosco Construction concluded a sales contract with the Defendant regarding the above apartment Nos. 2802, 3902 (hereinafter “instant apartment”) as follows (hereinafter “instant sales contract”).

B The scheduled date for occupancy of the Plaintiff A, the buyer B, the Defendant B, and the Poco Construction: (The scheduled date for occupancy and the period for designation of occupancy and occupancy may be altered by the process, etc.) April 2013, Article 1 (Supply Price and Payment Method) (The Party A designated later and the individual notification method) of the total supply amount of KRW 636,90,00 (10%) intermediate payment (30%) and KRW 60%) 2 (5%) 3th (10%) 4th (10%) 5th (10%) 10%) 5th (10%) 10%) 5th (10%) 6th (10%) 10%) 6th (10%) 10%) 10th 15th 205th 16th 2015, 2015. 10. 216th 2015. 216th 2015. 2015

(3) In cases where a financial institution requests performance on behalf of A from the financial institution on the grounds that a loan has not been arranged under the business agreement of the financial institution and that an agreement has not been made due to the failure to pay any balance within three months after the end of the period for designation of occupancy, it shall pay the interest, etc. to B at least twice even if a peremptory notice has been given by setting a grace period of not less than 14 days and not less than two times.

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