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(영문) 인천지방법원 2016.10.14 2016가합55222
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 505,00,000 and the interest rate of KRW 15% per annum from July 22, 2016 to the day of full payment.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

3. Some dismissed parts of the Plaintiff claimed the payment of the intermediate payment and the remainder of a housing construction business permit and a building, and indicated the initial date for delay in the claim on January 7, 2013, which is the date when the housing construction business permit and the sales contract for the buildings was concluded. However, even if the cause of the claim stated in the complaint is considered as the cause of the claim, the Plaintiff’s claim for delay damages calculated at the rate of 5% per annum from January 7, 2013 to January 7, 2013, which is the date when the contract was concluded, without specifying the time of the intermediate payment and the remainder payment, and received KRW 60 million as the down payment, the intermediate payment and the intermediate payment, and KRW 340 million as the remainder, which is the time when the contract was concluded. Therefore, it cannot be deemed that the Plaintiff’s claim for delay damages calculated at the rate of 50 million won per annum from January 7, 2013.

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