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(영문) 인천지방법원 2016.02.16 2015가단216757
이자대납금반환등
Text

1. The Defendant’s KRW 30,860,596 for the Plaintiff and KRW 6% per annum from June 25, 2014 to February 16, 2016.

Reasons

1. Basic facts

A. On February 11, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to B apartment units 2803 Dong-803 (hereinafter “instant apartment units”) in Seo-gu, Incheon, Seo-gu, Seoul (hereinafter “instant apartment”). The main contents are as follows.

A seller: A (Plaintiff), a buyer (Defendant), and the scheduled date of occupancy of C (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy) : A may be somewhat changed depending on the process, etc., and thus, A may not later cancel the contract under Article 1 (Supply Price and Payment Method) with the total amount of KRW 51,600,000 (10%) intermediate payment (10%) (30%) 2 (15 March 15, 10), 3 (15, 15, 10) 4 (5) (3) 5 (3) 5 (15, 15, 15, 12, 15), 15 (15, 16, 100, 1005, 106, 1005, 106, 106, 106, 205, 106, 106, 150, 150, 10, 16, 16, 16, 10, 10, 16, 16, respectively.

(3) Where a financial institution claims performance on behalf of a person who has not arranged for a loan under the business agreement of a financial institution and failed to pay the agreed interest, etc. on at least two occasions due to the failure to pay the balance within three months from the end of the period for designating occupancy, and the financial institution makes a request for performance on behalf of a person who has not made a payment on at least two occasions, this contract shall be cancelled unless the interest, etc. is paid to the financial institution B by the due date of the payment of the loan or by the due date of the repayment of the loan by the due date of the intermediate payment loan: Provided, That the interest, etc. is not paid to the financial institution even after the due date of the due date of the due date of the due date of the due date of the due date of the due date of the contract,

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