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(영문) 서울고등법원 2015.11.18 2015나2038260
위약금 등
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. Basic facts

A. 1) Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”)

) The EAWD Co., Ltd. (hereinafter referred to as “EAWD”) is an executor.

2) The Plaintiff, the contractor, and the Plaintiff, is the Plaintiff, and the Plaintiff is the Plaintiff, and the Plaintiff is the Plaintiff, and the Plaintiff is the Plaintiff.

A) On April 20, 2009, the Defendant continued to undertake the new construction and sale business, and on April 20, 2009, 201 and 2502 of the instant apartment from the Korea Asset Trust (hereinafter referred to as “number of apartment units”).

(2) The sales contract is concluded in which the sales price is KRW 718,00,000, but the down payment is KRW 20,000,000 on the date of the contract; the intermediate payment of KRW 430,80,000 on the date of the contract; the remainder of KRW 267,200,000 on the date of the contract; and the remainder of KRW 267,20,000 on the date of the designation of the occupancy (hereinafter “instant sales contract”).

(2) On the same day, the sales contract in this case was paid 20,000 won as down payment. (2) In the event that the buyer did not pay any balance within 3 months from the expiration date of the designated designation notified by the Korea Asset Trust, the Korea Asset Trust may cancel the sales contract in this case in the absence of performance. (2) In the event that the sales contract in this case was cancelled for the same reason, the buyer agreed to pay as penalty the amount equivalent to 10% of the total amount of the supply price to the Korea Asset Trust.

B. The Defendant received 60% of the intermediate payments from the Korean Asset Trust Co., Ltd. under the joint and several sureties of the Plaintiff, etc. in order to prepare part payments for the sales household, and the loan was directly deposited in the account of the Korean Asset Trust from the Korean National Bank, etc. at the time of the conclusion of the instant contract. The Korean Asset Trust bears interest on the total part payment for the part payment for the sales household from the date of the instant contract to the first day of the payment of part payments from the date of the intermediate payment.

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