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(영문) 서울동부지방법원 2020.08.20 2019가단19345
분양대금 등
Text

1. As to KRW 105,509,720 among the Plaintiff and KRW 90,865,320 among the Plaintiff, the Defendant shall be from October 8, 2019 to the date of full payment.

Reasons

On June 10, 2016, the Plaintiff, a company whose business purpose is to newly construct and sell real estate, etc., sold to the Defendant the Category D (A) and E (A) of the Jeju Special Self-Governing Province, respectively (hereinafter “each of the instant sales contracts”). Under Article 4(2) of the sales contracts formulated at the time, where the Defendant delays the payment of intermediate payments or remainder under the relevant contract, the late payment charges shall be paid at the rate of 17% per annum. However, the Defendant did not pay the remainder by 90,865,320 won (each of the above subparagraphs D and E, 45,432,660 won) other than the due date until August 31, 2019, each of the above contracts bears the interest loans and the remainder of the intermediate payments until 151,442,280 won (each of the instant sales contracts), 1306, 1306D16, 3616, 360, 1636, 165, 7.7.36, 165

According to the above facts, with respect to the Plaintiff’s total amount of KRW 105,509,720 (i.e., KRW 90,865,320, KRW 13,067,180, KRW 1315,060, KRW 262,160) and the remainder of the sale price of KRW 90,865,320 from the date following the delivery of the copy of the complaint of this case to the date of full payment, as the Plaintiff seeks, the Defendant does not have an obligation to pay the Plaintiff the remainder of KRW 17% per annum under the agreement from October 8, 2019 to the date of full payment (=105,509, KRW 720 - KRW 90,865,320) as well as the total amount of KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 8, 2019 to the date of full payment.

As to this, the defendant each of the above cases.

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