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(영문) 인천지방법원부천지원 2017.10.25 2017가단10482
정산금
Text

1. The Defendant’s KRW 69,743,101 as well as annual 6% from May 5, 2012 to July 4, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 2009, the Plaintiff sold to the Defendant, Kimpo-si, B apartment Nos. 206, 1404, the supply price of KRW 665,210,000, and concluded a sales contract (hereinafter “instant sales contract”) containing the following contents.

Article 1 (Methods for Payment of Sale Price)

1. A (the plaintiff, hereinafter the same shall apply) shall supply the above indicated property by the following methods, and B (the defendant, hereinafter the same shall apply) shall pay the corresponding amount to the bank and account designated by A:

(b) The payment method (unit: 66,520,006,520,520,66,520,520,620,620,520,620,620,520,620,620,520,620,520,620,365,865,865,860,000,000, carried over to the remainder of 33,20 (0.25, 08.25, 08.25, 08.25) 4th (08.08.25) (08.25) (10.25) 6th (10.25) 6th (10.25) 6th (0,000,00365,665,000,

3. Where part of the supply price under paragraph (1) is appropriated for a loan from a financial institution arranged by Gap, the following matters shall be performed:

(6) Where a contract for sale in lots is cancelled due to a cause attributable to B, B shall deduct the interest on loans paid by B from the refund amount calculated by deducting the penalty to be refunded by A, from the refund amount.

[Cancellation of Contracts]

1. A may cancel a contract without a separate peremptory notice, where B has committed any of the following acts:

(2) Where the balance is unpaid within three months after the end of designation of occupancy.

3. B may rescind this contract in cases where it is impossible to move into within three months from the scheduled date of move into due to any cause attributable to A.

Article 3 [Penalties and Refund]

1. When this contract is terminated for reasons falling under any subparagraph of Article 2(1), the total amount of supply shall be reverted to A as penalty for breach of contract;

3. When the contract is cancelled for B to which a loan has been extended, the interest expenses paid by A, in addition to the penalty, shall be separately paid to A.

B. The Plaintiff entered into the instant sales contract with the Defendant on March 3, 2009.

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