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(영문) 인천지방법원 2016.01.28 2015가단212373
이자대납금반환등
Text

1. The Defendant’s KRW 39,970,342 as well as the Plaintiff’s annual rate of KRW 6% from March 17, 2014 to January 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that sold the Seo-gu Incheon, and the Defendant was a buyer who sold the above apartment unit 2801 2203 dong 2203 (hereinafter “the apartment unit of this case”) from the Plaintiff, and the Poco Construction Co., Ltd. (hereinafter “Poco Construction”) was a construction contractor of the apartment of this case and a management-type land trust agreement entered into between the Plaintiff on September 30, 2009. The Plaintiff, the Defendant, and Poco Construction entered into an apartment supply contract (Evidence 1; hereinafter “the sales contract of this case”) with respect to the sale of the apartment of this case on January 11, 2010, including the following main contents:

A seller: A (Plaintiff), buyer (Defendant), and buyer: The scheduled date of occupancy of Byung (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy) : D (the scheduled date of occupancy and the period of designation of occupancy are somewhat changed according to process, etc.) 780,300,000 won (10%) total supply amount (10%) and intermediate payment (30%) 1 (30%) 2 (0. 15. 15. 10. 15. 12. 15. 5 (the 15. 15. 12. 15. 12. 6. 15. 12. 15) and 3rd (the 15. 10. 15. 10) 4th (the 15. 10. 10. 206 10. 307. 15. 200) and 30. 17. 307. 10. 15 (the 30. 20. 1. 15. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 20.). 3). 3).

(3) Where a financial institution requests performance on behalf of A from the financial institution because a loan has not been arranged under the business agreement of the financial institution and interest thereon has not been paid on two or more occasions due to the failure to pay the balance within three months from the end of the designated period for moving-in.

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