(영문) 부산지방법원 2015.12.31 2014가합49237

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(영문) 부산지방법원 2015.12.31 2014가합49237

위약금 등

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1. The Defendant’s KRW 143,469,836 as well as the Plaintiff’s KRW 20% per annum from October 15, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. 1 The instant sales contract was concluded on February 27, 2004, and its trade name was changed to the Plaintiff (the “Co., Ltd. Daol Real Estate Trust”). On March 27, 2009, the “Co., Ltd. Daol Trust”; on April 2, 2010, the “Co., Ltd. Daol Trust”; and on December 6, 2013, the trade name was changed to the Plaintiff.

hereinafter referred to as "Plaintiff"

B) On January 20, 2011, Busan, Jin-gu, Busan, C apartment C, 2301 (hereinafter “instant apartment”).

2) As to the sales contract in which the supply price is KRW 633,900,000 (hereinafter “instant sales contract”).

(2) On January 17, 201, the Plaintiff concluded a sales contract with the Defendant for the supply price of KRW 662,500,000 with respect to the apartment E-dong, Busan-gu, Busan (hereinafter “instant apartment 2”) on January 17, 2011 (hereinafter “instant sales contract”). The Defendant paid KRW 33,125,000 to the Plaintiff on January 17, 201 according to the said sales contract.

3) As to the payment of the intermediate payment (60% of the supply price) of each apartment of this case, Articles 1 and 15 of the sales contract of this case provide that, in accordance with the business agreement between the Plaintiff and the Corporation, Switzerland Construction and the KB National Bank, which is a financial institution, and Gyeongnam Bank, several buyers take out the intermediate payment as the principal debtor, and the intermediate payment shall be paid by directly transferring the loan equivalent to the intermediate payment from the above financial institution to the Plaintiff’s KB Bank account at the payment date of intermediate payment, and the part of the interest on the loan until the expiration date of the occupancy designation designation designated by the Plaintiff is borne by the Plaintiff. In other words, the main content B of each supply contract of this case related to this case, and the terms and conditions of the supply contract of this case formulated by the Defendant separately from the supply contract of this case

The main contents of the Council shall be as follows:

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