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(영문) 서울중앙지방법원 2014.07.15 2014가단17228
구상금
Text

1. The Defendant’s KRW 20,243,375 with respect to the Plaintiff and KRW 5% per annum from November 30, 2012 to July 15, 2014.

Reasons

1. Basic facts

A. The Plaintiff constructed and sold D apartment units as the implementer of the housing redevelopment improvement project for the Dongjak-gu Seoul Metropolitan Government Housing Redevelopment Project.

B. On March 17, 2010, the Plaintiff sold the above apartment units of KRW 101 and 602,00,000,000,000,000,000 for the supply price of KRW 99,888,00,000,000,000 for the sales price, and the intermediate payment of KRW 59,928,000,000,000,000,000 for six installments, and the remainder amount of KRW 29,964,00,00,000,000 were concluded an apartment supply contract (hereinafter “instant contract”).

C. Of the instant contracts, the contents pertaining to rescission and intermediate payment loans are as follows.

Article 2 (Cancellation of Contract) (5) When a purchaser cancels a contract for reasons falling under subparagraphs 4 and 5 of paragraph (1) of this Article and for reasons attributable to the purchaser after concluding the contract, the executor shall not pay the interest rate on the amount of supply already paid by the purchaser.

(2) The interest on the loan of the part of the financial institution designated by the executor is preferentially paid by the executor on behalf of the buyer by the date immediately preceding the date of occupancy, and the total amount of interest paid by the executor on behalf of the buyer shall be repaid by the buyer at the same time when the buyer pays the balance on the date of designation of occupancy in the future.

(5) A purchaser shall repay the loan interest (including overdue interest) paid by an executor at the time of confirming the full repayment of the loan interest (including overdue interest) paid by him/her, and a purchaser shall pay the loan interest paid by an executor at the same time as the overdue interest rate under Article 11 (1) is added from the date following the end of the period designated for occupancy to the date following the end of the period designated

Article 11 (Additional Fee Rate and Compensation for Delay) (1) The interest rate for each overdue period shall be as follows.

If the arrears is less than 1 month - 11.02% per annum, 14.02% per annum but less than 3 months - if the arrears is more than 14.02% per annum but not more than 6 months per annum - 15.02% per annum, and 16.

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