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(영문) 부산지방법원동부지원 2020.08.13 2019가단226809
분양대금반환
Text

1. Defendant B Co., Ltd. shall pay 19,69,850 won to the Plaintiff and 5% per annum from November 28, 2019 to August 13, 2020.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that carries out the business of newly constructing and selling a F hotel on the Busan Shipping Daegu D and E on the ground (hereinafter “instant hotel”). Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executory company and a contractor who newly built the instant hotel.

The Plaintiff is a person who acquires the status of a buyer from G as the buyer of the instant hotel.

B. On February 17, 2017, G sales contract of the instant supply contract, payment of the price, transfer of the status of the buyer (1) G sales contract between the Defendants and the Defendants on February 17, 2017 (hereinafter “instant supply contract”).

(2) The Defendants paid down payment KRW 19,69,850 to the Defendants. Of the intermediate payment, KRW 98,49,250, the intermediate payment received an intermediate payment loan from an I.S. association. (2) The main contents of the instant supply contract are as follows.

(A) “A” means Defendant B, “B” means a buyer, “B” means a buyer, and “sick” means Defendant C, a contractor and a contractor: April 2019 (the scheduled date of entry may be altered somewhat according to the usage inspection and process, and the accurate date of entry and the due date of payment shall be notified later separately). (B) In the event of delay in the payment of intermediate payment and the balance, the late payment charges shall be paid in accordance with the following table.

Provided, That the period of arrears shall be calculated from the following day of the designation date of the balance payment after completion.

(4) If “B” is unable to move into “B” on the date of commencement of occupancy agreed upon by “B,” the amount calculated by applying the interest rate of delay rate of 15 percent per annum on the down payment and intermediate payment already paid by “B” shall be paid as compensation for delay or deducted from the balance of the sales price.

Provided, That the part payments and the part payments in arrears of which the “A” has paid the loan interest shall be unpaid or late.

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