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(영문) 광주지방법원 목포지원 2017.01.12 2016가단52003
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant constructed and sold the instant apartment after obtaining approval of the housing construction industry plan for the land “C apartment” on the 27th ground from the wooden Market in the Bapo-si B (hereinafter “instant apartment”).

The remainder of the divided down payment (cost) intermediate payments (cost) shall be 28,868,00 28,868,000 28,868,000 28,868,000 28,868,000 28,868,000 173,208,50 when entering into a contract on September 20, 2014, December 20, 2014

B. On June 19, 2014, the Plaintiff entered into a commercial building supply contract with the Defendant on a total amount of KRW 288,680,50 with respect to subparagraph 201 of the instant apartment complex (hereinafter “instant supply contract”). The Plaintiff paid KRW 115,472,00 in total up to the second intermediate payment.

C. The main contents of the instant supply contract are as follows.

(2) In the event that “B” pays the intermediate payment and the remainder before the agreed date, the amount calculated at the rate of 5% per annum for the advance payment shall be discounted by the number of days for advance payment, applying the discount rate of 5% per annum for the advance payment: Provided, That in cases where the intermediate payment and the remainder are not paid within the agreed period, the rate of late payment calculated at the rate of 18% per annum for the overdue payment shall not apply from the initial date of the payment of the remainder to the last day of the designation of the occupancy; 2. “B” is to pay the late payment calculated at the rate of 18% per annum for the overdue payment; and 4. “A” is to pay the late payment calculated at the rate of 10% per annum for the overdue payment; and

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