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(영문) 인천지방법원 2016.01.21 2015가단216849
이자대납금반환등
Text

1. The Defendant’s KRW 32,329,254 as well as the Plaintiff’s annual rate of 6% from June 25, 2014 to January 21, 2016, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company in charge of the management-type land trust agreement concluded with the Plaintiff on September 30, 2009 (Article 8(4)(e)) under the management-type land trust agreement (Article 8(4)(e)) with the Plaintiff as the company that sold the Seo-gu apartment unit B, Incheon, and the Poco Construction Co., Ltd. (hereinafter “Poco Construction”).

B. On February 10, 2010, the Plaintiff and Bosco Construction concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on the said apartment Nos. 2803 3504 (hereinafter “instant apartment”) containing the following contents.

The scheduled date of occupancy of the Plaintiff “A”, “B”, and “Scco construction disease”: April 2013 (the scheduled date of occupancy and the period of designation of occupancy may be altered by the process, etc., so that the Plaintiff would later designate and notify the Plaintiff of the total supply price and payment method of KRW 543,200,000 (10%) intermediate payment (60%) (30%) and the intermediate payment (30%) (30%) once on December 15, 2010 at the time of the second fifth fifth fifth fifth fifth sixth contract, July 15, 2010, the sales contract of this case could not be rescinded each of the following items:

(3) Where a financial institution claims performance on behalf of Company A on at least two occasions due to the failure to pay any balance within three months after the end of the period designated for moving-in, and to arrange loans under the business agreement between Company A and C and the financial institution and to pay interest agreed upon, and claims payment on behalf of Company A, the financial institution shall have failed to pay the interest, etc. to the financial institution or make a outstanding loan or make a secured loan by the maturity date of the part payment loan, even if the peremptory notice is given on at least two occasions with a grace period of at least

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