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(영문) 인천지방법원 2016.07.26 2015가단212458
이자대납금반환등
Text

1. The Defendant’s KRW 36,579,074 for the Plaintiff and KRW 6% per annum from June 25, 2014 to July 26, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sold the Seo-gu Incheon apartment complex B, and the construction of the scoco (hereinafter “scoco”) is a company that takes charge of the management-type land trust agreement entered into with the Plaintiff on September 30, 2009 (Article 8(4)(e)) pursuant to the special agreement entered into between the Plaintiff and the Plaintiff on September 30, 2009.

B. On January 13, 2010, the Plaintiff entered into a sales contract for the above apartment units Nos. 2802, 2402 (hereinafter “instant apartment units”) with Defendant and Poco (hereinafter “instant sales contract”). The main contents are as follows.

B The scheduled date of occupancy of the Plaintiff “A”, “B”, “B”, and “Iskick”: on April 2013 (the scheduled date of occupancy and the period of designation of occupancy and use may be altered by the process, etc.) Article 1 (Supply Price and Payment Method) (The Party A designated later and the individual notification method) Article 1 (Supply Price and Payment Method) (608,80,000 (10%) intermediate payment (60%) (30%) 2 (5%) 3 (10%) 4th (10%) 5th (10%) 5th (10%) 5th (10%) 6th (10%) 6th (10%) 10%) 10th 205th 10, 2015, 10. 10. 216th 205, 2015. 10. 16th 206th 2015. 2105. 2010

(1) Where a down payment prescribed in Article 1 is not made within the fixed date or an intermediate payment is not made at least 14 days due to the failure to pay the down payment twice or more within the fixed date, and the peremptory notice has not been made at least twice with a 14-day grace period fixed. (2) When the balance is not paid within 3 months from the end of the designated period for occupancy, and a peremptory notice is not made at least twice with a 14-day grace period fixed.

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