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(영문) 서울중앙지방법원 2020.01.15 2019나47935
위약금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 12, 2018, the Plaintiff entered into a supply contract with the Defendant with respect to the Incheon C Multi-Family Housing D (hereinafter “instant apartment”) with the following content (hereinafter “instant supply contract”).

Article 1 (Supply Price and Payment Method) of the C Supply Contract: 208,90,000 won (60%) 3 times (10%) 4 (10%) 5 times (10%) 6 times (10%) 10,000,000 won (10%) 10,000 won) 10,000 won at 6 times (10%) 10,000 on March 29, 2018; 208 March 29, 2018; 20,890,000 won (10,7360,000 won) at the date of designation of occupancy on March 29, 2018 (60%) 1.

2. Where the second down payment and intermediate payment are not paid within the period of three months as determined by “A” and the payment has not been made even at least twice with a grace period of at least 14 days fixed;

6. Where “B” has received a loan from a lending institution under the loan agreement of “B” and then the lending institution requests the “B” or the “B” corporation to pay the principal and interest of the loan to the “B” or the “B” corporation due to a cause attributable to the said lending institution, or where the financial institution requests the “B” or the “B” corporation to pay the principal and interest of the loan to the “B” or the “B” corporation pursuant to the loan agreement entered into separately with “A” or the financial institution, even if the “B” has set a grace period of at least 14 days and notified at least two times, the “B” is unable to resolve the cause of vicarious payment (at the time of the cancellation of the contract, “B” shall return the remaining amount after deducting the amount of subrogation and the penalty from the price of parcelling-out for which the “B” has already paid”).

(4) In cases falling under paragraphs (1) and (2), "A" shall be limited to the price already paid.

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