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(영문) 의정부지방법원고양지원 2017.08.24 2016가단10707
위약금 등
Text

1. As to each of the Plaintiffs’ KRW 47,982,286 and each of the said respective money, the Defendant shall start from April 14, 2017 to August 24, 2017.

Reasons

1. Facts recognized;

A. On March 25, 2009, the plaintiffs and the defendant entered into a sales contract with the amount of KRW 676.4 million for the sale price as to the "Seoul-dong B Apartment-dong 505 dong 403 dong 403" (hereinafter "the apartment of this case") which the plaintiffs will build. The main contents of the contract are as follows.

The first installment of the sales contract of this case: 10 million won for the first installment payment of KRW 676.4 million: 23.2 million for the second installment payment of KRW 3,3820,000: 3,3820 million for the second installment payment of KRW 67.64 million: 1.4 billion for the fourth or six installments: each of 6,764,000 won for the first installment payment of KRW 67.66 million: the scheduled occupancy date of Article 1 (general provisions) (3): October 2010 (in this case, the subsequent individual notice date of this case may be changed; 5) (the end of this case) ① The remainder of the supply price of this case shall be paid by the expiration date of the designation period for the Corporation and the Corporation (the plaintiffs of this case).

Article 2 (Cancellation, etc. of Contract) (1) A and C C, if B, has committed any of the following acts, the contract may be rescinded by the notice of cancellation after setting a period of time, and if B, has not performed it:

(1) If the payment of the balance has not been made at least 14 days after the expiration of the period of occupancy designation. (1) In the case of the subparagraphs of paragraph (1) of this Article, if the financial institution, in violation of the agreement with the financial institution, requests the payment for the loan to A and C, after receiving the payment for the sale from the financial institution due to joint and several sureties and C's loan, in violation of the agreement with the financial institution, it shall be appropriated in the order of penalty, overdue interest, loan, etc.

(2) The sale price paid by B as mentioned in the preceding paragraph shall be a penalty.

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