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(영문) 부산지방법원 2015.04.02 2014가합49367
위약금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 134,412,268 to the Plaintiff (Counterclaim Defendant) and its related amount from September 20, 2014 to April 2, 2015.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

Basic Facts

A. On March 27, 2009, the Plaintiff (hereinafter “Plaintiff”) changed the trade name into “Iol Trust,” and thereafter, on April 2, 2010, the trade name was changed to that of “Iol Trust,” and on December 6, 2013, the Plaintiff was changed to that of the Plaintiff; hereinafter “Plaintiff”) entered into a sales agreement with B on January 18, 201 with respect to the supply price of the Busan-gu Busan-dong C apartment Co. 3505 (hereinafter “I apartment”) at KRW 659,80,000 (hereinafter “instant First apartment”) and received KRW 32,90,000 from B pursuant to the instant sales agreement on January 18, 2011.

B. On January 17, 2011, the Plaintiff entered into a sales contract with D with respect to the supply price of KRW 659,800,000 with respect to the Busandong C Apartment-dong 3703 (hereinafter “instant second apartment”) (hereinafter “instant second apartment”) and received KRW 32,90,000 from D pursuant to the instant second sale contract on January 17, 2011.

C. Articles 1 and 15 of the instant sales contract provide that with respect to the payment of the intermediate payment (60% of the supply price) of the apartment of this case, the Plaintiff and the Corporation shall receive the full payment as the principal debtor pursuant to the business agreement between the Switzerland Construction and the KB National Bank, which is a financial institution, and the Gyeongnam Bank, and the Plaintiff shall receive the intermediate payment as the principal debtor, and each of the above banks shall pay loans equivalent to the total payment of the first to the Plaintiff directly from the Plaintiff to the Plaintiff’s national bank account.

Accordingly, B paid 395,880,000 won, which is the total intermediate payment, on February 1, 2011, and D, on January 31, 2011.

On October 31, 2011, the Defendant succeeded to all rights and obligations under each of the instant sales contract concluded between the Plaintiff, B, and D from the Plaintiff and D.

E. The Plaintiff’s succession each of the instant sales contracts with the content of rights and obligations stated in each of the instant sales contracts, respectively.

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