(영문) 서울중앙지방법원 2018.01.26 2015가단2551

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(영문) 서울중앙지방법원 2018.01.26 2015가단2551

위약금등

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1. The plaintiff's claim is dismissed.

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

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 June 26, 2005, E entered into a contract for sale in lots (hereinafter “instant contract for sale in lots”) with the total sales price of KRW 669,50,000 for the instant apartment 109,1203, and with the options price of KRW 29,200,00 for the instant apartment 1203, and thereafter, the Defendant acquired the status of E.

The sales contract of this case refers to "A" and the buyer refers to "B" and the buyer enters into an apartment supply contract between "A" and "B" as follows.

Article 1 (Supply Prices and Payment Methods)

1. The down payment shall be the first 33,400,000 won when the contract is entered into; the second 66,950,000 won on July 20, 2005; the intermediate payment shall be the first 66,950,000 won on December 20, 2005; the second 100,425,000 won on May 20, 2006; the third 66,950,000 won on October 20, 2006; and the third 66,950,000 won on March 20, 200; and the remainder shall be paid at the time of 6,950,000 won on August 20, 207; and the second 6,950,000 won on August 20, 207; and the remainder shall be paid at the time of occupancy; and

In accordance with the interest payment system, A loans arranged to B is 50% of the total sales price from the first intermediate payment to the fourth intermediate payment, including 10% of the second intermediate payment.

3. From the total sale amount, the sum of 10% of the down payment as referred to in paragraph 1 and 10% of the total intermediate payment from the first to the fourth intermediate payment is the interest payment system in which Party A mediates a loan to Party B and pays the balance and interest on the loan when taking occupancy together.

4. Interest on any part of the intermediate payments to be financed shall be paid by Party A for the period from the commencement date of designation of occupancy;

Article 2 (Cancellation of Contracts)

1. A shall have committed any of the following acts:

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