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(영문) 인천지방법원부천지원 2016.07.21 2016가단101770
위약금 청구 및 손해배상 청구
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 10,000,00 and 5% per annum from January 19, 2016 to July 21, 2016.

Reasons

1. Basic facts

A. The Defendants, as owners of Gyeyang-gu Incheon Metropolitan City D major 499m2, implemented a new construction project for multi-household houses with five stories above the ground (hereinafter “multi-household houses in this case”).

B. On October 28, 2015, the Plaintiff concluded a sales contract with the Defendants for the instant multi-household 303 to be completed in the future (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

Article 1 (Methods for Payment of Parcelling-Out Price) 2,00,000 won for a contract: The second installment payment of 8,000,000 won for a contract: The balance of payment (on November 16, 2015), 32,00,000 won for a contract, and 11,000,000 won for a loan: The payment made on January 19, 2016 (Procedures for Occupancy)

1. “A” (the defendants) shall notify “B” (Plaintiff) of the date of designation of the occupancy one month prior to that one month period.

2. “B” shall pay in full the sale price and late payment charge within the prescribed date and shall move into after submitting all the documents required by “A”.

3. The rights and obligations of the above displayed property shall be transferred to “B” from the date of occupancy.

Article 10 (Other Matters)

5. The scheduled date of occupancy shall be January 2016, and the accurate date of occupancy shall be later notified.

Provided, That where the business is delayed due to reasons not attributable to "A", such as the change, delay, natural disaster, other force majeure, civil petition occurrence, etc., "A" may extend the scheduled date of occupancy.

[Matters of special agreement] The down payment shall be refunded when the loan has not been paid.

After the balance is paid in full, it is possible to move in.

The date of designation of occupancy shall be notified to the contractor (contractor) one month prior to the date of designation, and the accurate date of occupancy shall be notified later.

C. At the same time as the instant sales contract was concluded, the Plaintiff paid the Defendants KRW 10,000,000 for the total sum of KRW 8,000,000 for the second contract amount on November 16, 2015.

The Defendants completed the instant multi-household housing on March 25, 2016 and obtained approval for use.

[Ground of recognition] Unsatisfy, Gap 1 to 3, .

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