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(영문) 서울중앙지방법원 2017.10.20 2015가단67176
구상금등
Text

1. The Defendant’s KRW 41,761,366 as well as the Plaintiff’s KRW 5% per annum from March 24, 2015 to October 20, 2017.

Reasons

1. Basic facts

A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter “Unaccompanied”) newly constructed and sold D apartment (hereinafter “instant apartment”) which is a multi-family housing with a scale of 3,000 units on the land of 169,840 square meters above 34 square meters outside Busan Nam-gu, Busan, and 34,000 square meters, and the Plaintiff is a contractor who was awarded a contract for the construction of the instant apartment from unaccompanied.

B. On April 25, 2005, the Defendant concluded a sales contract with the selling price of KRW 529,500,000 with respect to the instant apartment Nos. 103 3003, 103, the apartment without charge.

(hereinafter “instant sales contract”). C.

At the time of the instant sales contract, the Defendant: (a) paid in installments the first down payment with approximately 5% of the sales price and the second down payment with 10% or 15% of the sales price; and (b) paid in installments over six times with 60% or 65% of the sales price; and (c) agreed to pay the balance at the time of occupancy. The main contents of the instant sales contract are as follows.

[each of the sales contracts in this case] The implementer's non-delivery refers to "A" and the purchaser "B" refers to the purchaser "B", and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which A mediates loans to B and pays the remainder and interest on loans at the time of occupancy.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy;

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

2. Where the financial expenses incurred in relation to the remaining and interest late payment system have not been paid within three months from the expiration date of the designation of occupancy.

3. Eul is unable to move into within three months from the scheduled date of move into due to reasons attributable to Gap.

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