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(영문) 서울중앙지방법원 2019.01.17 2017가합550112
손해배상(기)
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 27,448,832 and KRW 16,218,832 among them, Defendant B shall be from February 13, 2013; and KRW 11,230.

Reasons

Basic Facts

An O Co., Ltd. (hereinafter referred to as “O”) is a construction contractor and a truster for a new construction and sale of Q apartment (hereinafter referred to as “instant apartment”) with a scale of 1,002 on the ground of the Incheon Metropolitan City Pable block.

The plaintiff is a trustee entrusted with the performance of sales duties, fund management, administrative affairs, etc. by theO.

The Defendants are buyers who concluded a sales contract with the Plaintiff with respect to each of the instant apartment units.

The Plaintiff entered into an apartment sale contract with the Defendants on each day indicated in the “Contract Date” column in the attached Table 1 list, and concluded a sales contract with the Defendants for each of the households indicated in the “Dong-ho” column among the apartment buildings in this case.

(hereinafter referred to as "each sales contract of this case"). The main contents of each sales contract of this case are as follows.

Article 2 (Cancellation of Contracts) (1) When a defendant commits an act falling under any of the following subparagraphs, the plaintiff may cancel this contract where no performance is made after peremptory notice:

2. Where the balance is not paid within three months from the date of designation of occupancy (hereinafter omitted). (3) Each defendant may cancel this contract if he/she is unable to move into within three months from the scheduled date of occupancy due to any cause attributable to the plaintiff;

(hereinafter) Article 3 (Omission of Penalty) (1) through (2) of Article 2 (1) of this Act and any other reasons attributable to the defendant, when the contract is rescinded, ten percent of the total amount of the supply price shall be reverted to the plaintiff as a penalty.

(2) When this contract is terminated for reasons falling under Article 2 (3), the plaintiff shall pay 10% of the total amount supplied to each defendant as penalty.

(3) When cancelling a contract, the plaintiff shall refund to each defendant the amount excluding the penalty from the price already paid.

Provided, That without directly related to the reasons for cancellation, the principal, interest, and expenses incurred in relation thereto paid by the plaintiff at the request of each defendant shall not be refunded.

§ 6. Part VI.

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