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(영문) 서울고등법원 2017.08.24 2016나2046732
분양대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 136,282,378 and KRW 116,956,00 among them.

Reasons

1. Basic facts

A. On November 3, 2009, the Plaintiff and the Defendant, and the Plaintiff (hereinafter “instant apartment”) No. 107-dong 1603, Jung-gu, Incheon, which the Plaintiff newly built, (hereinafter “instant apartment”).

2) As to the sales contract of this case, the sales contract of this case at KRW 328,180,000 (hereinafter “instant sales contract”).

(2) On June 4, 2010, the Plaintiff entered into an agreement with the Defendant to pay the remainder KRW 9,630,000 to the Plaintiff on the date of designation of occupancy as determined by the Plaintiff. In addition, on June 4, 2010, the Plaintiff entered into a contract with the Defendant for options for the expansion of balcony as well as a contract for the options for the installation of air conditioners (hereinafter referred to as the “instant options contract”) by setting the cost of construction as KRW 12,386,00,000, with the cost of construction as KRW 9,262,00.

The Defendant paid all the down payment to the Plaintiff pursuant to the options construction contract of this case, and the remainder KRW 17,326,000 shall be paid on the date of designation of occupancy as determined by the Plaintiff.

3) When entering into the instant sales contract and options contract, the Defendant agreed to pay damages for delay on the basis of the following delayed interest rates in the event of delinquency in the payment of the remainder of the sales price and the options construction price. The Defendant agreed to pay damages for delay by applying the following delay interest rates. Additional interest rates (A) on the deposit bank’s average credit rate (5.96% 5.96% per 1 to 30 days in arrears (A B 1 to 30% 5.96% 10.96% per 31 to 90% 8% per 13.96% per 96% per 91 to 180% per 14.96% per 181% per 9

B. In the instant sales contract, the part payments loan brokerage and interest payment 1: (a) the Plaintiff arranged the Defendant to receive part payments, and agreed to pay interest on part payments on the condition of subsequent settlement; (b) the Defendant paid interest on part payments directly until the date of use inspection; (c) the Plaintiff settled the payment of the part payments by adding the interest on the part payment to the Plaintiff at the time of the payment of the remainder; and (d) repay the principal and interest of part payments to the lending bank or as

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