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(영문) 인천지방법원부천지원 2016.01.08 2015가단106839
이자대납금반환등
Text

1. The Defendant’s KRW 32,773,769 as well as its annual 6% from June 25, 2014 to January 8, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that built and sold D apartment units on the same land on the same ground after being entrusted with 51,175 square meters in Seo-gu, Incheon Metropolitan City with B Co., Ltd., and the Maco Construction Co., Ltd. (hereinafter “Maco Construction”) is a company in charge of the management affairs of the instant apartment sales contract and the buyer pursuant to a special agreement (Article 8(4)(e)) concluded with the Plaintiff on September 30, 2009, as the above apartment construction contractor.

B. On January 25, 2010, the Plaintiff and the Defendant entered into an apartment supply contract with the content that the said apartment units were supplied to the Defendant and the Defendant for KRW 619,100,000 (hereinafter “instant apartment units”)

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

The scheduled date of occupancy of the Plaintiff “A”, “B”, and “Psco Construction”: April 2013 (the scheduled date of occupancy and the period of designation of occupancy may be somewhat changed according to the process, etc., so that Party A would subsequently designate and notify each of them thereafter) Article 1 of the Supply Price and Payment Method (10% of intermediate payment (60%) (30% of the remainder of the 10% of intermediate payment (30%) (30%) once on December 28, 2010 at the time of the second fifth fifth fifth fifth fifth fifth fifth and sixth contract, January 28, 2010 at the time of December 15, 2015, the contract may not be rescinded for each of the following items: the highest amount of KRW 30,505,009,000,000,0000,010,0000,010,010,010,010,000,010,06,07,00,00.

(1) Where a down payment is not made without paying the down payment two times within the fixed period or the intermediate payment is not made three consecutive times or more and with a peremptory notice given two or more times with a grace period of 14 days fixed.

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