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(영문) 인천지방법원 2016.02.16 2015가단216610 (1)
이자대납금반환등
Text

1. The Defendant’s KRW 44,272,801 as well as 6% per annum from June 27, 2014 to February 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2010, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to B apartment units 2801 Dong 2902 (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). Since A may be somewhat changed depending on the process, etc., A may later designate and notify the total supply amount of KRW 798,30,00 (10%) and the intermediate payment (60%) and the intermediate payment (30%) once (30%) 2 (0. 15. 15. 10. 15. 15. 4th (the 15th 10. 15th 10) and 4th (the 15th 10. 15th 10) (the 15th 11. 15th 15th 11) and 5th (the 15th 15th 12. 6. 15th 15th 196, 2007) and 30th 10. 197. 197). 306th 197.

(3) In cases where a financial institution requests implementation on behalf of Company A on more than two occasions due to the failure to pay any balance within three months from the end of the period designated for moving-in (3) where Company A and C do not pay the interest, etc. or the interest agreed upon by the financial institution to Company B on more than two occasions, even if a grace period of not less than 14 days is set and notified on more than two occasions, the contract shall be cancelled if the interest, etc. is not paid by Company B to the financial institution, or the interest, etc. is not paid by the due date of the intermediate loan or is not paid by the due date of the intermediate loan to a secured loan: Provided, That when the relevant grace period has expired, the contract shall be cancelled by means of a loan after the payment of interest

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