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(영문) 인천지방법원 2016.02.17 2015가단217071
이자대납금반환등
Text

1. The Defendant: 6% per annum from June 25, 2014 to February 17, 2016 for KRW 35,565,579 to the Plaintiff, and the next day.

Reasons

1. Facts of recognition;

A. On January 25, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to B Apartment Construction Co., Ltd. (hereinafter “Sco Construction”), Seo-gu, Incheon, Seo-gu, 2804 Dong 4004, 4004 (hereinafter “instant apartment”), and the main contents thereof are as follows.

A seller: A (Plaintiff), buyer (Defendant), and buyer: The scheduled date of occupancy of Byung (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy). As such, Gap may subsequently change the total supply amount of KRW 532,300,00 (10%) and the intermediate payment (10%) and the intermediate payment (30%) once (30%) and twice (10. 15. 15. 10. 15. 15. 4th (the 15th 10. 15. 12. 5th 15. 5th 12. 6. 15), each contract may not be rescinded under Article 1 (Supply Price and Payment Method) (the 15th 10. 6th 15th 15th 10), and each contract may be rescinded under Article 1 (1) (the 15th 15th 10. 6th 16. 206). 36th 105th 26. 1066th 15th 15th 206. 15th 15th 16.

(3) Where a financial institution requests implementation on behalf of a financial institution on more than two occasions due to the existence of a loan arranged under the business agreement of the financial institution and the payment of interest agreed upon, etc., on more than 14 days, the bank shall cancel this contract if it fails to pay the interest, etc. to the financial institution, or fails to pay the interest, etc. by the due date of an intermediate payment loan or fails to pay the interest, etc. to a secured loan on more than two occasions: Provided, That the bank shall cancel this contract if it fails to pay the interest, etc. to the financial institution even after the lapse of the relevant grace period, and the contract is cancelled by a loan of an intermediate payment and an intermediate payment after the due date of an intermediate payment.

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