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(영문) 서울중앙지방법원 2018.11.13 2018가단5111666
기타(금전)
Text

1. The Defendant’s KRW 35,273,276 as well as the Plaintiff’s annual rate of KRW 6% from March 12, 2013 to April 27, 2018.

Reasons

1. The seller shall pay to the seller the interest on the money for the buyer's loan from the date of loan to the first day before the first day designated by the seller, and the buyer shall pay to the seller the already-paid interest to the seller.

The contract related to the cancellation of the contract [Article 2(2) of the sale contract] may be rescinded by the buyer himself/herself in case of his/her own circumstances.

However, even if an intermediate payment is paid once, it shall be limited to cases recognized by the seller.

(1) When the contract is cancelled for reasons falling under each subparagraph of Article 2 (1) and Article 2 (2), the total amount of the sale price shall be reverted to the seller with penalty for breach of contract.

(3) In the case of paragraph (1), the seller shall refund to the buyer the remainder after deducting the penalty from the already paid price by adding 2% interest per annum to the other price, and in the case of paragraph (2), the seller shall refund to the buyer 2% interest per annum on the price from the date when the buyer received the already paid price to the date of return.

(4) Where this contract is terminated, where a buyer has obtained a loan from a financial institution according to a seller or a construction guarantee, the buyer shall repay the principal and interest of the loan (including the total amount of loan interest paid by the seller on behalf of the buyer to the financial institution) to the seller and the lending institution, and the seller shall return the balance after deducting the principal and interest of the loan and the penalty from the sale price to be returned to the buyer by priority.

The plaintiff is the seller of the Seo-gu Incheon Metropolitan apartment, and the apartment is sold to D on November 20, 2009 with the following contents:

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