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(영문) 서울중앙지방법원 2017.10.12 2015가단195309
구상금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 14,091,00 and interest rate of KRW 15% per annum from September 22, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter referred to as "unaccompanied") is a contractor who newly constructed and sold a C apartment, which is an apartment house with a scale of 3,000 households, on the land of 169,840 square meters on the land of 34,000 square meters outside Busan Nam-gu, Busan, and the plaintiff is a contractor who received a contract for the new construction of the apartment of this case from unaccompanied.

B. On December 6, 2004, the Defendant entered into a sales contract under the following terms and conditions (hereinafter “instant sales contract”) with the total sale price of 707,200,000 won for the instant apartment No. 114 and 4504, and out of the sale price, (i) the down payment shall be paid in installments with the first down payment of about 5% of the sale price and 10% of the sale price, or with the second down payment of about 15% which is 60% of the sale price, and 60% of the sale price and the part payment shall be paid in six installments (60% of the sale price and 10% of the sale price shall be divided once in case of 60% of the sale price, and 10% in case of 65% and 15% in case of 65%), and (ii) the balance shall be paid in installments at the time of occupancy.

[this case's sales contract] The implementer's free delivery refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which A mediates loans to B and pays the remainder and interest on loans at the time of occupancy.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

2. Where the financial expenses incurred in relation to the remaining and interest late payment system have not been paid within three months from the expiration date of the designation of occupancy.

3. B is due to reasons attributable to Party A.

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