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(영문) 수원지방법원 2017.06.29 2016가단513018
위약금 등
Text

1. The Defendant’s KRW 90,226,629 as well as 6% per annum from August 23, 2013 to April 10, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a contractor and a contractor who constructed and sold a Kimpo-si B Apartment (hereinafter “instant apartment”) and is also a contractor and a contractor who sold the apartment.

B. On September 22, 2008, the Plaintiff entered into a sales contract with the Defendant at KRW 470,340,000 for the supply price of KRW 507 Dong 1904 and KRW 9,800,00 for the expansion of options balcony (A: the Plaintiff and the Defendant) and received KRW 51,934,00,00 for the options price among the Defendant’s contract amount of KRW 47,034,00 for the contract deposit and the options price of KRW 47,034,00 for September 22, 2008.

The indication of property: The scheduled date of occupancy in the Gyeonggi-do Kimpo-si B apartment: June 201 (the alteration may be made somewhat according to the process, and the cancellation, etc. of the contract shall be made separately after consultation with Kimpo-si and the Korea Land Corporation) Article 2 (1) (A) may cancel the contract with the notice of cancellation when the "B" commits any of the following acts:

(2) Where the remainder is not paid within three months from the expiration date of the designation period for moving-in (4) (1) In the case of each subparagraph of paragraph (1) of this Article, the term "A" shall cancel this contract and shall be deducted in the order of penalty, overdue interest, overdue interest, interest, subsequent interest, and the principal and interest of a financial institution (including interest repaid).

(2) If the sale price already paid by “B” is insufficient to cover the amount of penalty, overdue interest, the principal and interest of a financial institution (including repayment interest), interest, etc., as referred to in the preceding paragraph, “B” shall separately pay damages to “A”, and “A” may file a claim for such payment.

Article 3 (Penalty) (1) When the contract is terminated on the grounds set forth in the subparagraphs of Article 2(1), the total value of supply shall be 10% of the total value of supply (such penalty as penalty for breach, which is separate from the claim for damages) shall be reverted to A.

Article 5 (Fee, Arrears and Compensation for Delay) (2) The term "B" shall delay the payment of the second down payment, intermediate payment and remainder.

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