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(영문) 서울중앙지방법원 2012.12.20 2011가합66899
지체보상금
Text

1. The plaintiff B's lawsuit of this case is dismissed.

2. The defendant shall set forth in the annexed Form 7's list of plaintiffs in annexed Form 7.

Reasons

Basic Facts

The defendant is the operator of the business that newly constructs and sells the P apartment (hereinafter referred to as the "the apartment of this case") in the Goyang-si, Goyang-si, and the plaintiffs are the buyer of the apartment of this case.

(1) The Plaintiffs entered into the sales contract with the Defendant on the sales contract with the entry in the separate sheet No. 2 “Dong-ho” column among the instant apartment units (hereinafter “instant sales contract”).

The main contents of the contract for sale in lots are as follows. The "B (Plaintiffs)" under Article 5 (2) of the 2010 scheduled date for occupancy: (a) the due date for the delayed payment of the down payment, intermediate payment, and remainder is due to the delay in the payment of the down payment, intermediate payment, and remainder, the late payment shall be added to the late payment charges calculated by applying the overdue interest rate calculated by adding the average credit rate for the deposit banks announced by the Bank of Korea at the time of the conclusion of the contract for the delayed payment to the late payment period to the late payment period and the late payment rate for each overdue period set by the highest bank market share of the household funds loans to the late payment period to the late payment period: Provided, That where the planned construction schedule is considerably delayed than the initial installment payment schedule, the Plaintiffs may adjust the payment schedule of the above intermediate payment on the late payment date by agreement with the "A (Defendant)" and "B". The Plaintiffs shall not have any excess of 11.7% per annum or more between three months to six months in arrears and the late payment period."

The delay of construction of Qa Co., Ltd and the defendant's occupancy guidance.

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