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(영문) 대전지방법원 2016.08.16 2015가단223708
계약금 등 반환
Text

1. The Defendant’s KRW 8,772,904 as well as the Plaintiff’s annual rate from August 26, 2015 to August 16, 2016, and the following.

Reasons

1. Basic facts

A. The Defendant is the company that sold the instant shopping mall Nos. 102 and 103 of the Seo-gu, Daejeon, Seo-gu, Daejeon (hereinafter “instant shopping mall”). The Plaintiff is the buyer who purchased the instant shopping mall. The Plaintiff is the seller of the instant shopping mall.

B. On May 29, 2013, the Plaintiff and the Defendant concluded each of the following contracts with regard to the sales price of KRW 513,000,000 for the instant commercial building 102 (the sales price of KRW 51,300,00 for the contract amount of KRW 51,300,000 for the intermediate payment of KRW 51,300,000 for the intermediate payment of KRW 41,300 for the intermediate payment of KRW 410,400 for the instant commercial building 103,00 for the sales price of KRW 33,30,000 for the instant commercial building (the contract amount of KRW 33,300 for the intermediate payment of KRW 33,300 for the intermediate payment of KRW 33,000 for the intermediate payment of KRW 3

(A) The Defendant’s “A” and the Plaintiff’s “B”; hereinafter “instant sales contract”). The scheduled date of the sales contract: September 2013 (the date of a fixed occupancy (the date of a fixed occupancy) (1) the payment date and amount: The contract deposit shall be paid on the contract date, the intermediate payment on July 29, 2013, and the remainder on the designated date of the sales contract.

Article 2 (Additional Fees, Overdue Charges, and Compensation for Delay) (2) If B fails to pay the intermediate payment and remainder within the agreed period, the late payment charges calculated at the rates of the following applicable period shall be additionally paid to A in proportion to the number of overdue days:

Article 3 (Cancellation of Contracts) (1) In cases where a Party A has committed an act falling under any of the following subparagraphs, Party A may cancel this contract after peremptory notice, if not performed:

2. When the contract is terminated for reasons falling under Articles 4 (1) 1 through 3 and 3 (2) when the balance is not paid within three months from the agreed date, 10% of the total amount of the supply price shall revert to A as penalty.

Article 5 (Payment of Intermediate and Balance) (1) The place for payment of intermediate payments and remainder shall be the bank designated and notified by A, and A shall be the date of payment agreement separately from B.

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