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(영문) 인천지방법원부천지원 2016.11.30 2016가단109941
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Text

1. The Defendants jointly share KRW 76,585,500 with respect to the Plaintiff and the period from July 4, 2016 to November 30, 2016.

Reasons

1. Basic facts

A. On July 16, 2015, the Plaintiff entered into a contract with the Defendants on the following terms (hereinafter “instant contract”) with respect to the size of 597 square meters in Seosan-si Co., Ltd. owned by Defendant B (hereinafter “instant contract”).

Location: 597 square meters of a site in Seosan-si (including approximately 181 square meters and co-owned sites): The expected date of completion of civil engineering works as of October 30, 2015 on the provisional division map: The seller and the executor on behalf of October 30, 2015: Defendant Taejin Construction Co., Ltd. (hereinafter “Defendant Taejin Construction”) and Defendant B1 [sale price]: 90,500,000 won (contract deposit amount: 16.4,000,000,000,000 won for the first intermediate payment, and the remaining amount calculated on July 17, 2015; 10,000,000 won for the second intermediate payment; 10,000,000,000 won for the remainder discount on July 20, 2015; 200,000 won for the Plaintiff’s intermediate payment and the remainder discount on July 10, 2015).

Provided, That any balance shall be discounted on the basis of the first date of the designation of occupancy.

(2) When the plaintiff delays the payment of an intermediate payment and any balance, he/she shall pay late payment charges calculated by applying the overdue rate of 10% to the number of delayed days.

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

(4) Where the scheduled date for the completion of civil works as stipulated in this contract has been delayed, the Defendants shall pay the amount calculated by applying the overdue rate as stipulated in paragraph (2) to the price already paid as liquidated damages or deduct it from the remaining price.

(5) Where the completion of construction is delayed due to force majeure, such as an administrative order, which is not attributable to a natural disaster or seller and a vicarious execution, the Defendants shall notify the Plaintiff thereof, and paragraph (4) shall not apply in such cases.

Article 3 (3) The co-owned site shall be transferred to co-owned shares after completion of the public book rearrangement, but the seller and the executor shall not designate the location to the plaintiff and the plaintiff shall divide the co-owned site.

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