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(영문) 의정부지방법원 고양지원 2017.01.13 2016가단10790
위약금 등
Text

1. The Defendant’s each of the Plaintiffs’ KRW 19,304,815 as well as 6% per annum from November 10, 2014 to April 8, 2016.

Reasons

1. Basic facts

A. The Plaintiffs are the contractors of “D apartments in the Seoul Urban Development Zone D of Mangsan-gu, Mangyeong-gu, Mangyang-si.”

B. On May 16, 2008, the Plaintiffs decided to sell the said D Apartment Nos. 504, 1003 (hereinafter “instant apartment”) to the Defendant at KRW 697,40,000,000, the Defendant paid the down payment of KRW 34,870,000 (5% of the parcelling-out price), the intermediate payment of KRW 418,440,00 (60% of the parcelling-out price), and the intermediate payment of KRW 69,740,00 each, up to May 20, 2010, each of the remaining amounts of KRW 24,09,00 (35% of the parcelling-out price) to the Defendant at the time of occupancy.

(hereinafter “instant sales contract”). C.

Articles 2 and 3 of the instant sales contract include the fact that when cancel the sales contract as the buyer did not pay any balance within three months from the expiration date of the designation period of the Plaintiffs, 10% of the total value of supply should be reverted to the Plaintiffs as a penalty for breach of contract.

With respect to the interest on loans for the first, second, and third three-time part payments among the six-times of part payments, Gap (Plaintiffs) shall pay for the part preceding the date on which the occupancy is designated, and Eul (Defendant) shall reimburse the interest on loans paid to Gap (Plaintiffs) at the time of occupancy, and the interest accrued from the date on which the occupancy is designated shall be borne by Eul (Defendant).

A (Plaintiffs) shall pay for the interest accrued on three occasions in total, including part payments 4, 5, and 6, up to the day preceding the date of commencement of the designation of occupancy, and the interest accrued from the date of commencement of the designation of occupancy shall be borne by B (Defendant).

At the time of concluding the above sales contract, the Plaintiffs and the Defendant entered into an additional agreement containing the following terms on the apportionment of interest on the intermediate payment loan.

(hereinafter referred to as “instant additional arrangement”). E.

The Defendant, from the financial institutions that entered into an agreement with the Plaintiffs on the part payment loan, KRW 418,440,00 in total on six occasions [the total amount of KRW 278,960,00 (one minute 69,740,000 in one time x four times x 4 times, respectively].

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