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(영문) 인천지방법원 2016.02.18 2015가단213710
이자대납금반환등
Text

1. The Defendant’s KRW 30,587,521 as well as the Plaintiff’s KRW 6% per annum from June 25, 2014 to February 18, 2016, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company in charge of the management-type land trust agreement concluded with the Plaintiff on September 30, 2009 (Article 8(4)(e)) under the management-type land trust agreement (Article 8(4)(e)) with the Plaintiff as the company that sold the Seo-gu apartment unit B, Incheon, and the Poco Construction Co., Ltd. (hereinafter “Poco Construction”).

B. On January 11, 2010, the Plaintiff and Bosco Construction concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on the said apartment Nos. 2802, 3103 (hereinafter “instant apartment”) containing the following contents.

The scheduled date of occupancy of the Plaintiff “A”, “B”, and “Scco construction disease”: April 2013 (the scheduled date of occupancy and the period of designation of occupancy may be altered by the process, etc., so that the Plaintiff may later designate and notify the Plaintiff of the total supply price and payment method of KRW 578,80,000 (10%) and intermediate payment (60%) (30%) at the first and second sixth sixth contracts on January 28, 2010, respectively, the sales contract of this case may not be cancelled on July 15, 2010; the highest sale contract of this case may not be cancelled on July 15, 2010; the first and second six contracts on July 2015, 200; the second and fourth contracts on July 208, 2008; and the second and fourth contracts on July 208, 2008; and the third and fourth contracts on July 15, 2010.

(3) Where a financial institution claims payment on behalf of Company A on more than 14 days due to the failure to pay any balance within three months from the end of the designated period for moving-in, and the failure to pay the balance under the business agreement of the financial institution, and the interest agreed upon by the agreement, etc., on more than two occasions, and it fails to pay the interest, etc. to the financial institution or the outstanding amount of the loan until the maturity of the part payment loan.

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