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(영문) 서울중앙지방법원 2020.10.28 2019나45694
손해배상(기)
Text

The plaintiff's appeal and the additional selective claim filed by this court are dismissed, respectively.

The costs of appeal and this Court.

Reasons

1. Basic facts

A. The defendant is the implementer and contractor of the new construction project of D Apartment (1,275 households, hereinafter "the apartment of this case") located in Nam-si, Namyang-si.

B. On January 24, 2008, the Plaintiff entered into a contract with the Defendant to purchase the instant apartment E (84.96 square meters of supplied area) in 239,50,000 won (hereinafter “instant sales contract”) and agreed to pay the sales price as listed in the table below. On the same day, the Plaintiff paid the down payment of KRW 23,950,000 to the Defendant.

(Unit) The remainder of the down payment of the down payment of KRW 23,950,950,950,950,000 on June 20, 2008 and April 3, 2008 on April 20, 2009 and April 6, 2010, 23,950,000 on July 20, 2010 on July 20, 2010; 23,950,950,950,950,95023,950,950,950,950,0023,950,950,000 on June 23, 200; 200,950,23,950,950,000,950,000,0000,71,850,00 of the apartment house supply contract of KRW 210,210 (20).

1. A (the Defendant) shall supply the above indicated property by the following methods, and B (the buyer) shall pay the corresponding amount to the bank and account as designated by A:

3. Where part of the supply price under paragraph (1) is appropriated for a loan from a financial institution arranged by Gap, the following matters shall be performed:

(3) The method for paying interest on loans from financial institutions arranged by Gap to Eul shall be as follows:

- - Each household, such as 84.960 square meters: A shall bear interest equivalent to the intermediate payment non-interest (within 40% of the intermediate payment loan amount) among the intermediate payment loan amount of the financial institution arranged by B, and B shall bear interest on the interest accrued thereafter, and A shall pay the interest on the interest accrued thereafter, and A shall pay the interest on the intermediate payment loan amount equivalent to the interest non-payment system (within 20% of the intermediate payment loan amount) by the first day before the date of the designation of occupancy, but B shall pay the total interest paid by A at the time of occupancy.

(6) Any cause attributable to the Corporation.

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