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(영문) 서울중앙지방법원 2016.06.10 2015가단5334444
위약금 등 청구의 소
Text

1. The Defendant paid KRW 65,516,72 to the Plaintiff KRW 65,72 per annum from July 14, 2012 to November 5, 2015.

Reasons

1. Facts of recognition;

A. On May 13, 2009, the Plaintiff is a company that operates real estate development business and sales business, and has been in charge of sales business of Kimpo-si B Apartment-si apartment (hereinafter “instant apartment”). On May 13, 2009, a supply contract and supply price of KRW 2,861,100 with the content that the apartment of this case shall be sold to the Defendant for KRW 654,260,000 with the sale price of KRW 2,861,00 with the sale price of KRW 3,179,000, but the Plaintiff reduced the supply price by 10% in consultation with the Defendant.

(1) The contract for expansion of balcony and options has been entered into, and the main contents thereof are as follows:

In the case of a contract for the payment of the sales price under Article 1 of the Apartment Supply Contract, the remainder of the intermediate payment 1 (05.25, 08.25) 2 (08.25, 08.25) 3 (0.25, 09.25) 4 (0.25, 09.25, 10.25) 5 (10.25, 10.25) 6 (10.25, 10.25) 32,720,000 as of the date of the designation of occupancy 65,420,420,420,65,420,6420,6420,65,420,420,359,860,000

1.(b)

Article 2. Cancellation of Contracts

1. When the defendant committed any of the following acts, the plaintiff may cancel the contract without a separate peremptory notice:

(2) Where any balance remains unpaid within three months after the date on which the designation of occupancy was completed (in such cases, including the total amount of interest paid by the plaintiff on behalf of the plaintiff under Article 1 (3) 3 shall be included in the balance), penalty and refund under Article 3

1. When this contract is terminated for reasons falling under any subparagraph of Article 2(1), the total amount of the supplied money shall be reverted to the Plaintiff as penalty.

3. Where the Defendant who received a loan from the intermediate payment rescinds the contract, the interest cost that the Plaintiff paid on behalf of the Plaintiff should be paid separately to the Plaintiff in addition to penalty.

§ 2. Cancellation of the contract under section 2.

3. Where the apartment supply contract is cancelled or cancelled, this contract shall be deemed to be cancelled or cancelled;

In this case, 10% of the total amount (including additional tax) contracted by the defendant and the plaintiff in relation to this contract shall be reverted to the plaintiff as penalty.

(b) thereafter;

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