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(영문) 서울중앙지방법원 2016.01.14 2015가합547860
기타(금전)
Text

1. As to KRW 345,413,179 and KRW 130,053,631 among the Plaintiff, the Defendant shall start from January 1, 2013 to July 6, 2015.

Reasons

1. Facts of recognition;

A. On November 23, 2009, the Plaintiff entered into a sales contract or options construction contract with the Defendant for the following terms: (a) on November 23, 2009, the Plaintiff entered into a sales contract with the Defendant for the total sales price of KRW 331,540,000 with respect to the B Apartment-gu apartment unit 106, 2601, Jung-gu, Incheon; (b) around that time

In the event of a contract for the remainder of the down payment (cost), the Plaintiff concluded a contract for the remainder of the contract amount as KRW 32,90,000 on December 15, 201, on September 15, 2011, on April 15, 2010, on the date of the designation of the first and second occupancy in the second and the second fiveth fiveth units, on April 15, 2010, on December 15, 2011, 32,990,00 on May 15, 201, 32,990, 32,990,000, 32,90,90,000, 32,90,90,000, 32,90,90,000,000,000,000, 610,000 won and the remainder of the contract amount as KRW 160,610,608,600.

(3) At the time of the conclusion of the above sales contract, the Plaintiff arranged an intermediate payment loan, and the Defendant agreed to directly pay the Plaintiff’s funds to the Plaintiff’s funds receipt account at the lending bank on the agreed date of intermediate payment. The Plaintiff paid interest by the payment date of the month in which the inspection date belongs, and the interest paid by the Plaintiff up to that time was agreed to pay the remainder after adding

On the other hand, when the defendant delays the payment of intermediate payments and the balance, the defendant added and paid late payment charges with a certain rate of late payment, and agreed to apply the overdue interest rate of 15.96% if the overdue period exceeds 181 days, and agreed to apply the same overdue interest rate even if the balance of the options contract is delayed.

B. On October 26, 2012, the Plaintiff notified the Defendant of the occupancy designation period: (a) completed a pre-use inspection on the instant apartment on October 26, 2012; and (b) from November 3, 2012 to December 31, 2012, the date of designation of occupancy was from November 3, 2012 to December 31, 2

C. The sales contract in this case is concluded by subrogation (1) such as payment of interest on intermediate payment loans and payment loans.

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