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(영문) 인천지방법원 2014.05.01 2013가합17601
분양대금및 연체료
Text

1. The Defendant shall pay to the Plaintiff KRW 269,849,720 as well as KRW 248,70,000 among them, from September 12, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was entrusted by the Seo-gu Construction Co., Ltd. with the sale of the apartment house on the ground of land B and D outside Incheon Seo-gu (hereinafter “the apartment of this case”).

On November 20, 201, 201, the first down payment date of KRW 15,000,000: November 20, 201; the first down payment date of KRW 46,450,000; November 20, 201; November 20, 201; the first down payment of KRW 46,450; November 20, 201; the second down payment of KRW 46,450,000 on November 20, 201; and the third down payment of KRW 46,450,000 on November 20, 201; and the first down payment of KRW 46,450,000; the remainder payment of KRW 248,70,0000 on November 20, 201; and the designation date of KRW 464,50,000 in aggregate on the designation date of occupancy.

B. On November 4, 201, the Plaintiff concluded a sales contract with the Defendant for the instant apartment Nos. 464,500,000 (including value-added tax and time for payment thereof) with respect to the instant apartment Nos. 1303, 1303 (hereinafter referred to as the “instant real estate”) by determining the price as KRW 464,50,000 (including the following table), and February 2012 with the scheduled date for occupancy (if any change is made according to the process, the sales contract in this case is later notified).

C. In the instant sales contract, the Defendant agreed to delay the payment of intermediate payment and the remainder as follows.

Article 5 (2) When the payment of the intermediate payment and the remainder has been delayed and the agreed payment date has elapsed, the Defendant shall pay the late payment penalty calculated by applying the late payment penalty rate of 10% to at least 181% from 91% to 90% from 181% from 180% from 181% from 90 to 181% from 181% from 181% from 181% from 10% from 10% from 16% from the average interest rate of the late payment period plus additional interest rate of the bank average credit (based on household loan and new handling amount) announced by the Bank of Korea at the time of the conclusion of the supply contract for the overdue period.

Hyundai Construction Co., Ltd., a contractor of the instant apartment, established the period for designating the occupancy of the instant apartment from February 29, 2012 to April 13, 2012, and the remainder payment period from February 29, 2012 to April 13, 2012. However, the instant apartment is thereafter determined.

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