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(영문) 수원지방법원성남지원 2011.03.29 2010가합10944
선수보증금 등
Text

1. As to the Plaintiff’s KRW 26,903,750,00 and KRW 13,451,875,00 among them, the Defendant shall start from June 8, 2007 to August 30, 2010.

Reasons

1. Basic facts

A. On June 8, 2007, the Plaintiff entered into an agreement with the Defendant on the following players:

(hereinafter referred to as the “instant player agreement”). Since December 31, 2009, the estimated supply price shall be KRW 134,518,750,000, in order to determine the standards for the receipt of advance payments under this Convention, the estimated supply price shall be KRW 134,518,750,000, when the time when the land can be used for the designation of a site B housing site development project zone (D) 107,615 square meters is more than 85 square meters.

(2) The remainder of the advance payment under paragraph (1) shall be paid on the date the Defendant notifies the Plaintiff that it is possible for the Plaintiff to undertake the housing construction project, considering the current status of the acquisition of land, the removal of obstacles and the progress of the construction project (hereinafter referred to as “land-use date”).

Article 3 (Payment of Advance) The plaintiff shall pay the advance payment to the defendant in the following manner:

The installment payment method shall be made on June 13, 2007, 451, 875,000 one advance payment once on June 8, 2007, 20,177,875,000 two advance payment once on December 8, 2007 (20,177,875,8000 advance payment twice on June 8, 2008) by applying the annual interest rate of 17,80,800 advance payment once on June 8, 2008 to the Defendant within 30% annual interest rate of 40,35,600,000 advance payment date on June 8, 2009 (140,35,600,0000 advance payment date on June 8, 2009) and then the Plaintiff calculated the annual interest rate of 10,35,700,518,700,000 advance payment delay interest rate of 130% per annum.35% per annum.

In such cases, the period of delay shall begin from the day following the date of the payment agreement.

② If the timing of land use is delayed for not less than six months due to the Defendant’s fault, the Plaintiff shall be able to use the received advance from the date on which six months elapse after the date of land use.

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