(영문) 수원지방법원 2015.06.23 2015가단11270

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(영문) 수원지방법원 2015.06.23 2015가단11270

손해배상

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 29, 201, the Plaintiff entered into an apartment sale contract (hereinafter “instant apartment sale contract”) with the Defendant on the sales price of KRW 359,00,000,000 (i.e., the intermediate payment of KRW 35,900,000 in the intermediate payment of KRW 215,40,000,000, which is the remainder of KRW 107,70,000,000, with the Defendant.

B. The main contents of the instant sales contract are as follows.

(1) The balance must be paid within the period designated by the Defendant (or before the date of actual occupancy).

(2) If the remainder is not paid within 3 months from the agreed date, the defendant may cancel the contract after giving notice to the plaintiff for the performance and then the performance is not performed.

(3) When there is a change of address, the Plaintiff shall notify the Defendant in writing within 10 days.

If the defendant's notification of rescission of the contract to the plaintiff is not implemented, the defendant's notification of rescission of the contract to the plaintiff shall be sent to the previous address, and it shall be presumed that it takes effect 15 days after the dispatch. The plaintiff's disadvantage is not liable

In addition, the address in the contract is incorrect even if it is the same.

(4) If the contract is rescinded on the grounds that the balance is not paid, 10% of the sale price shall be reverted to the Defendant as penalty.

(5) In the event of cancellation of a contract, after deducting the penalty first, the loan and interest of the financial institution that was paid by the Plaintiff as the sale price was subrogated to the Defendant, and the late payment charges and discount fees accrued until the cancellation thereof are settled, the difference shall be refunded to the Plaintiff.

(6) The Defendant shall pay the interest on the loan interest accrued from a financial institution due to the interest late payment system to the first day prior to the first day of the designation of occupancy (limited to the bank arranged by the Defendant), and the Plaintiff shall pay it directly to the financial institution concerned from the first day of the designation of occupancy.

(7) The interest paid by the Defendant to the Defendant at the time of the payment of the remainder.

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