(영문) 의정부지방법원 2018.02.01 2017나212065

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(영문) 의정부지방법원 2018.02.01 2017나212065

위약금등

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 15, 2009, the Plaintiffs entered into an apartment sale contract (hereinafter “instant apartment sale contract”) with the Defendant and the Defendant Co., Ltd., Ltd., the contractor of the said project, with the content that the Plaintiffs sell the said C apartment Nos. 301 and 804 (hereinafter “instant apartment”) to the Defendant for purchase price of KRW 697,40,000 (hereinafter “instant apartment sale contract”).

B. Articles 2 and 3 of the instant sales contract include the fact that when the Defendant cancels the sales contract by failing to pay any balance within three months from the expiry date of the designation period of occupancy designated by the Plaintiffs, 10% of the total value of supply should be reverted to the Plaintiffs as a penalty for breach of contract.

C. Meanwhile, the payment method under the instant sales contract is as follows.

The amount of installment payment (unit: 10,000 (unit) 24,870,000 (round April 30, 2009) 24,870,000 (round 24,870,000) 1, May 20, 2009 (round 20, 2000) 69,740,000 (round 20, 2009) 3, April 20, 2010 (round 104,610,004), May 20, 2010 (round 69,740,0005) 69,5,69,740,740,740,000 (round 20,500 (round 20,69,740,640, 207, 2009, 004, 2004, 2007

D. On April 15, 2009, the plaintiffs and the defendant included the contents concerning the interest on the payment of intermediate payments as follows. 2. The defendant shall pay the plaintiffs to the lender of the intermediate payment 1, 2, and 3 times of intermediate payment 6 times in total, up to the part on the day preceding the date of designation of occupancy. The defendant shall repay the interest on the loan that he paid to the plaintiffs at the time of occupancy, and the interest accrued from the date of designation of occupancy shall be borne by the defendant.

With respect to the interest on three-time loans on the total amount of part payments 4, 5, and 6 installments, the plaintiffs shall pay for the interest accrued from the date preceding the date of commencement of the designation of occupancy, and the defendant shall bear the interest accrued from the date of

The Additional Contract was made

(hereinafter “instant additional contract”).

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