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(영문) 의정부지방법원 고양지원 2017.04.27 2016가단14105
위약금 등
Text

1. The Defendant’s each of the Plaintiffs’ KRW 4,524,264 and each of the said respective money shall be from December 28, 2012 to April 27, 2017.

Reasons

1. Facts recognized;

A. On January 9, 2008, the plaintiffs and the defendant entered into a sales contract with the amount of KRW 562,70,000 for the sale price (hereinafter "the sales contract in this case") as to the "Seoul-dong B Apartment-gu 502 Dong 2902" (hereinafter "the apartment in this case") which the plaintiffs will build. The main contents are as follows.

The first and second installment of the down payment of KRW 562,70,000 for the sales contract of this case: each of the 28,135,000 for the intermediate payment of KRW 56,270,000 for the first and the second installment payment of KRW 168,810,00 for the remainder of KRW 56,270 for each of the 56,270,000 for the last installment payment of KRW 168,810,00 for the last day of occupancy: October 2010 (it may be somewhat changed according to the process, and in this case, it shall be notified individually) (5) 1) for B (the end of this case) and C (the end of this case shall be paid by the expiration date of the occupancy designation period notified by A (the plaintiffs of this case) and C.

Article 2 (Cancellation, etc. of Contract) (1) A and C C, if B, has committed any of the following acts, the contract may be rescinded by the notice of cancellation after setting a period of time, and if B, has not performed it:

(1) If the payment of the balance has not been made at least 14 days after the expiration of the period of occupancy designation. (1) In the case of the subparagraphs of paragraph (1) of this Article, if the financial institution, in violation of the agreement with the financial institution, requests the payment for the loan to A and C, after receiving the payment for the sale from the financial institution due to joint and several sureties and C's loan, in violation of the agreement with the financial institution, it shall be appropriated in the order of penalty, overdue interest, loan, etc.

(2) If the sale price paid by B as referred to in the preceding paragraph is insufficient to cover penalty, overdue interest, loans, etc., B shall be included separately from A.

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