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(영문) 인천지방법원 2015.11.27 2013가단56265
정산금
Text

1. The Defendant’s KRW 48,202,279 as well as 5% per annum from February 6, 2013 to November 27, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 8, 2009, the Plaintiff concluded a sales contract of KRW 508,000,000 for the total sale price (hereinafter “instant sales contract”) with the Defendant for the “Yecheon-gu Seoul apartment complex 101, 803” (hereinafter “instant apartment”) newly constructed and sold by the Plaintiff with the Defendant, and the Defendant paid the Plaintiff KRW 25,40,000 on the same day the down payment to the Plaintiff.

B. At the time of entering into the instant sales contract, the Defendant received a loan from the National Bank of Korea (hereinafter “National Bank”) for the payment of intermediate payments pursuant to the instant sales contract with the Plaintiff, and the Defendant agreed to pay the Plaintiff in the late payment after the Plaintiff paid the interest on the loan directly from the National Bank.

(hereinafter “instant loan”). C.

On the other hand, the Plaintiff entered into a business agreement with the National Bank (hereinafter “instant business agreement”) in relation to the instant loan. ① In the event that the sales contract is cancelled after the execution of the intermediate payment loan to the apartment house seller, and the buyer loses the eligibility for sale in lots or the eligibility for occupancy, the seller shall lose the benefit from the loan (Article 6(1)2 of the Business Agreement), ② in the event that the buyer delays the refund despite the buyer’s claim for the refund of the loan to the buyer, the Plaintiff immediately cancelled the sales contract for the collection of the national bank’s claim, and immediately pays the down payment and the intermediate payment that the buyer has already paid to the national bank as the principal and interest of the buyer to the national bank (Article 7(1) of the Business Convention), ③ in the event that the national bank becomes unable to meet the above loans after such appropriation, the Plaintiff shall jointly and severally pay the buyer the sales contract with the buyer.

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