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(영문) 서울고등법원 2020.06.11 2019나2021413
구상금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

Basic Facts

The plaintiff is a corporation with the purpose of selling agency business, etc., and the name of Jeju city newly constructed with approval for use on May 2017 was changed to "T hotel"; hereinafter referred to as "the hotel of this case").

During the period from April 21, 2015 to August 3, 2016, the Defendants entered into each sales contract in which the Defendants purchased each of the heading rooms listed in the separate sheet column in the Schedule column in the instant hotel from AV Co., Ltd. (hereinafter “instant sales contract”) and paid the down payment pursuant to the sales contract, with the Defendants’ participation in the Plaintiff and Si construction.

Upon entering into the instant sales contract, the Plaintiff and the Defendants: (a) received an intermediate payment loan from the Defendants through a financial institution designated by the Plaintiff to pay the intermediate payment; and (b) the interest accrued from the intermediate payment loan until the expiration of the entry designation period, the Plaintiff decided to pay the Defendants first on behalf of the Defendants.

In addition, the Defendants agreed to pay the remainder of the sale price and the interest on loan that the Plaintiff paid to the Plaintiff at the time of occupancy, set up a collateral security to secure the loan obligations in the relevant heading office. If the Defendants delay the payment of the remainder and the interest on the substitute, they shall pay the Plaintiff the late payment charge calculated at the rate of 12% per annum.

(A) The Plaintiff paid all the interest accrued from intermediate payments to be borne by the Defendants pursuant to the instant interest reimbursement agreement. Upon completion of the instant hotel, the Plaintiff urged the Defendants to pay the remainder of the sales price to the Defendants and the interest paid by the Plaintiff and receive the registration of transfer of ownership from March 2017 to August 2017.

However, despite the Plaintiff’s above request, the Defendants shall pay the remainder of the purchase price to the Plaintiff until the payment period of the purchase price or the remainder payment period expires.

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