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(영문) 서울중앙지방법원 2016.06.24 2015가합557393
분양대금
Text

1. The Defendant’s KRW 335,497,179 and KRW 100,610,00 among the Plaintiff and the Plaintiff’s KRW 6% per annum from January 1, 2013 to June 24, 2016.

Reasons

1. Basic facts

A. On December 2, 2009, the Defendant concluded a sales contract with the selling price of KRW 33,1540,000 for Jung-gu, Incheon Metropolitan City (hereinafter “instant apartment”) 110 Dong 3101, which was newly built and sold by the Plaintiff (hereinafter “instant apartment”) and paid the down payment of KRW 32,99,000,000.

According to the above sales contract, the remaining sales price shall be paid at each payment date by dividing it into six times as follows:

The additional interest rate of KRW 3,290,000 won (total 19,7940,000) 3,2990,000 won (total 199,7940,000) 3,290,000 won on July 15, 2011, July 15, 201, the date of designation of occupancy in the second 4th 5th 5th 5th 5th 2010 on April 15, 2010 when the contract for the remainder payment of down payment is concluded. (A) The additional interest rate of KRW 16,100,00 (A) [The additional interest rate for each period of delay in the national bank] The average interest rate for the deposit bank (B) [based on the rate of household loans and new amount of arrears (A) 1.30-15% on September 15, 2011 to 15, 2011.

B. When entering into the instant sales contract, the Defendant agreed to pay late payment charges applying the following delayed interest rates when delaying the payment of intermediate payments and remainders.

C. Meanwhile, according to the instant sales contract, the Plaintiff arranged an intermediate payment loan applied by the Defendant, and paid interest on the intermediate payment to the lending bank by the month to which the date of usage inspection belongs. The Defendant shall pay the interest on the intermediate payment on the outstanding payment date and repay the principal and interest to the lending bank or convert it into a secured loan.

The Defendant entered into a contract for part-time loan with the former Korea Exchange Bank (hereinafter “Korea Exchange Bank”) upon the Plaintiff’s recommendation, and the loan was immediately deposited into the Plaintiff’s account on the payment date of each part-time payment as stipulated in the instant contract for sale.

On October 26, 2012, the date on which the Plaintiff used the apartment of this case to the foreign exchange bank.

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