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(영문) 대구고등법원 2019.12.18 2019나21133
매매대금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. The defendant is a company for the purpose of operating film pipes, convenience facilities, and ancillary facilities, and has been engaged in the business of newly constructing the 4th ground floor above the 1st underground floor (the 2nd building and 1nd structure; hereinafter "the building of this case") on the 9th ground outside of the land in racing-si.

B. On October 12, 2016, between D Co., Ltd. and D Co., Ltd., which was delegated by the Defendant to sell in lots, the Plaintiff concluded each of the following sales agreements on the second floor E and F of the instant building (hereinafter “the first contract”).

-afterwardly, enter into a contract from the completion date of the G award to the present contract, and confirm the same effect as that of the present contract.

The scheduled date of saleroom occupants: The first down payment of KRW 57,130,000 per 20 years: the second down payment of KRW 110,00,000 on October 12, 2016: The remainder of KRW 57,139,000 on October 31, 2016: 389,91,000 on the date of completion: The second down payment of KRW 560,80,000: the first down payment of KRW 110,00 on October 11, 206: the second down payment of KRW 20,000: the remainder of KRW 58,240,000 on October 58, 2016; the remainder of KRW 20,000 on which the buyer has made an advance payment of KRW 360,50,000 on the outstanding payment of KRW 30,000 on the outstanding payment of KRW 256,00.

(2) Where a purchaser delays the payment of an intermediate payment and any balance, he/she shall pay the late payment charge calculated by applying the overdue rate of the rate for the number of delayed days.

Provided, That the overdue rate shall not exceed the overdue rate limit for the general loan of commercial banks.

(4) Where a seller delays the scheduled date of saleroom occupants prescribed in the full text of this contract, he/she shall pay the amount calculated by applying the overdue rate prescribed in paragraph (2) to the price already paid as liquidated damages.

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