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(영문) 서울중앙지방법원 2016.08.19 2015가합526276
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. The instant project site was concluded with a 43,541 square meters (hereinafter “instant project site”).

The details of the instant service contract are as follows.

A competitive bidding method after 13.07.31, 200 24,527,260 30 124,527,260 200 30 30,000 124,000 2,000 2,000 60-85 m2,000 m2,00 m2,000 m2,00 m2,00 m2,00 m2,00 m2,00

1. Land to be supplied:

8. Price payment;

(a) The balance of the intermediate payment under the separate method of payment for contract: 10% 10% 10% 10% 10% 50% D 36 months D 24 months D 36 months D 36 months D 48 months: Payment in installments on a 12-month basis per five years installment.

(b)in the event that the advance payment is made more than the day when the purchase price is paid, such as advance payment, delay damages, and calculation of interest, the amount calculated in accordance with the methods and interest rates determined by the Corporation shall be discounted.

* The current advance payment discount rate is 5.5% and may be modified.

On June 17, 2013, the Korea Urban Development Corporation issued a public notice of supply (hereinafter “instant public notice of supply”) with respect to the instant project site as follows:

The Defendant participated in the bidding at KRW 124,527,300,000 for the instant project site on June 24, 2013 according to the supply announcement as above. On June 25, 2013, the instant project site was awarded a successful bid by the Korea Urban Development Corporation in the said bidding price.

On June 28, 2013, the Defendant entered into a sales contract with the Korea Urban Development Corporation and the instant project site at KRW 124,526,30,000 with respect to the purchase price. According to the above sales contract, the Plaintiff shall pay the purchase price in six installments, as in the instant supply notice, and if the Plaintiff pays the purchase price in advance, the amount calculated according to the method and interest rate (5.5% per annum and the changed rate) determined by the Korea Urban Development Corporation shall be discounted.

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