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(영문) 서울중앙지방법원 2015.07.14 2014가단5330582
기타(금전)
Text

1. The defendant shall be the plaintiff.

(a) KRW 12,775,000, as well as 13% per annum from April 1, 201 to April 28, 2014; and

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant on March 18, 2009, 206 Dong 1701 (hereinafter “instant apartment”) among Kimpo-si B apartment newly constructed by the Plaintiff on March 18, 2009

2) As to the sales contract of this case, the sales contract of this case (hereinafter “this case”).

- The sales price of KRW 655,330,00: 32,775,00 for down payment, intermediate payment of KRW 262,120,00 for the contract from March 25, 2009 to June 25, 2010; 360,435,00 for the remainder payment of KRW 13% interest per annum from the date of designation of occupancy; 65,53,000 for the overdue payment of KRW 65,53,00 (10% of the parcelling-out price): the Defendant’s intermediate payment or remainder payment of KRW 32,775,00 for the contract; the Defendant’s payment of KRW 65,53,00 for the remainder payment of KRW 65,53,00 for the remainder payment to the Defendant; and the Plaintiff’s additional payment of the sales contract to the Defendant was cancelled after three months have elapsed from the scheduled date of occupancy due to the Plaintiff’s fault.

- Contract amount of KRW 13,770,90 (the initial contract amount of KRW 15,301,00 for the original contract amount or KRW 15,301,00 for the reduction on May 30, 209): Contract deposit of KRW 3,060,200 shall be paid on the date of occupancy designation, the remainder of KRW 10,710,70 for interest at 13% per annum at the time of delinquency in the construction payment - Where the instant sales contract is cancelled, the instant additional contract shall also be rescinded - Penalty of KRW 1,377,090 (10% of the contract amount): Where the instant additional contract is cancelled due to the Defendant’s fault, the Plaintiff, on the same day, lent KRW 12,75,00 to the Defendant on the same day (hereinafter “instant loan”).

- The due date: The date of the designation of the occupancy of the apartment in this case - Interest- Interest-interest rate in arrears: 13% per annum.

B. 1 On March 18, 2009, the Defendant concluded the instant sales contract with the Plaintiff KRW 32,775,000 and the instant additional contract.

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