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(영문) 서울중앙지방법원 2016.03.25 2015가합5342
매매대금반환
Text

1. The Defendant’s KRW 1,209,248 as well as the Plaintiff’s KRW 5% per annum from January 16, 2014 to March 25, 2016.

Reasons

Facts of recognition

On March 12, 2012, the Plaintiff concluded a sales contract on May 2, 2013 with regard to the purchase price of 208, Gangnam-gu Seoul Metropolitan City Urban Living Housing (hereinafter “instant housing”) constructed by Hanyang Construction Co., Ltd. (hereinafter “instant housing”) with the Defendant, setting the sales contract as KRW 237,250,000, and the scheduled date of occupancy.

(hereinafter “instant sales contract”). The details of the instant sales contract related to the instant case are as follows.

Article 3 [Attachment Fee and Arrears] (A) of May 2013 (which may be changed according to the process, and where the change is made thereafter) (1) "A" (limited to cases where the plaintiff pays the part payment without receiving the part payment arranged by "A" as provided for in Article 6) shall discount the amount calculated on the basis of the number of days for advance payment by applying the discount rate of 5% per annum for the part payment amount.

The overdue period of 1 to 30 days from 91 to 90 days from 180 days to 181 days from 10.66% of the overdue rate of 10.66% 14.6% of the 15.66% of the overdue rate of 181 days, but with respect to any balance, a discount shall be made on the basis of the first date of designation of occupancy, and the discount charge and the overdue charge provisions shall not apply until the end of

(2) When an agreed payment date has elapsed due to delay in the payment of the supply price, the term "B" shall pay the overdue charge calculated by applying the following overdue rate according to the number of days elapsed:

Article 5 [Compensation for Delayed Damages] (1) "A" shall pay the price already paid to "B" in accordance with the overdue rate under Article 3 or shall be deducted from the remaining price, if it is not possible to move into the area on the scheduled date for occupancy prescribed in the Preamble part of this Agreement.

(2) Where the scheduled occupancy period specified in "A" is delayed due to natural disasters, administrative orders, the enactment and amendment of relevant Acts and subordinate statutes, labor-management disputes (including related enterprises), or other force majeure, the term "A" shall be notified and the term "A" shall be notified.

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