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(영문) 서울동부지방법원 2017.09.01 2017가단110435
기타(금전)
Text

1. The Defendant’s KRW 20,300,000 as well as the annual rate of KRW 5% from October 13, 2016 to September 1, 2017 to the Plaintiff.

Reasons

. The scheduled date of occupancy entered into a housing sale contract (hereinafter “instant sales contract”) with the terms and conditions determined as the end of February 2015.

B. On October 5, 2014, the Defendant: (a) imposed on the Plaintiff and the instant sales contract; (b) drafted a written special agreement for sale (hereinafter “instant special agreement”); and (c) the main contents of the said special agreement are as follows.

Article 1 (Scheduled Date of Occupancy) end of February 2015

(Provided, That separate consultation compensation shall be implemented for households suffering from a loss due to a failure to move in at the end of February.

Article 5 (Additional Fees, Overdue Charges, and Compensation for Delay) (2) When the period for the payment of the intermediate payment and the balance has elapsed due to the delay in the payment of the intermediate payment and the balance, the plaintiff shall pay the late payment charges specified below for the number

Provided, That where the planned construction schedule is considerably late than the payment schedule of the intermediate payment, the defendant and the plaintiff may adjust the payment schedule of the intermediate payment and the balance by mutual consent.

* When arrears is overdue less than one month of the fixed-term arrears rate table: From 5% to 3 months per annum: 6.5% per annum to 6.6 months: When arrears is overdue more than 8.0% per annum: 9.0% per annum: 3. if the defendant is unable to move in on the scheduled date for occupancy as provided for in Article 1, the delayed compensation shall be paid to the plaintiff or deducted from the remaining payment in accordance with the overdue rate set forth in paragraph 2.

C. By January 30, 2015, the Plaintiff paid the total sum of KRW 336 million of down payment and intermediate payment by January 30, 2015 pursuant to the instant sales contract.

However, until the end of February 2015, the Defendant was unable to move into the instant apartment by the end of February, 2015, and the Plaintiff, on November 16, 2015, by means of a method of a delay compensation of 9% per annum pursuant to the instant special agreement, as to the amount of KRW 336 million paid to the Defendant on November 16, 2015.

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