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(영문) 인천지방법원 2017.12.20 2017가단219637
분양대금반환청구
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 82,00,000 as well as to the day of full payment from November 12, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On September 22, 2014, the Plaintiff entered into a contract (hereinafter “instant sales contract”) under which the Defendant Company B (hereinafter “Defendant Company”) would purchase KRW 170,00,000 from the building D (hereinafter “instant building”) of Incheon Dong-gu (hereinafter “instant building”) to purchase KRW 503,50,000.

The main contents of the above sales contract are as follows.

The scheduled completion date: March 2015 (if any change is made to a certain extent, the discount fee, late payment fee, and liquidated damages) Article 2 (2) (The plaintiff) shall pay late payment charges applying the overdue rate of 20% to the number of delayed days when the payment of the intermediate payment and the balance has been delayed.

Provided, That the overdue rate shall not exceed the overdue rate limit for the general loan of commercial banks.

Applicant A (Defendant Company) shall pay the amount calculated by applying the overdue rate prescribed in paragraph (2) to the payment already paid as compensation for delay or deduct it from the remainder of the payment.

Article 4 (Cancellation of Contract) (Plaintiff) The Plaintiff may cancel this contract when the completion is delayed for more than three months from the date of the original completion of the contract for the reasons attributable to A (Defendant Company) or when the performance of the contract becomes impossible during the contract period, and the Plaintiff shall pay the late payment charge applying the overdue rate as prescribed in Chapter 2(2).

B. According to the instant sales contract, the Plaintiff paid KRW 82,00,000 to the Defendant Company totaling KRW 42 million on September 22, 2014 and KRW 82,00,000 on November 11, 2014.

C. The Defendant Company failed to observe the completion date of the instant building, and as the buyers, including the Plaintiff, protested against this, C, the president of the Defendant Company, on December 16, 2016, shall start construction from December 21, 2016 to January 20, 2017, and complete construction to the aforementioned buyers with the thickness of 9 persons, “I will start construction from December 21, 2016 to January 20, 2017.”

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