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(영문) 서울중앙지방법원 2015.11.27 2015가단111684
분양대금
Text

1. As to KRW 144,595,754 among the Plaintiff and KRW 125,182,00 among them, the Defendant shall from January 1, 2013 to January 30, 2013.

Reasons

Facts of recognition

A. The pertinent Plaintiff is a contractor and a contractor of the business of newly building and selling apartment C in Incheon Metropolitan City (hereinafter “instant apartment”) and the Defendant is the buyer of the instant apartment.

B. The Plaintiff and the Defendant’s sales contract, etc. 1) The Plaintiff entered into a sales contract or options construction contract with the Defendant on January 27, 2010 with regard to the instant apartment 105 1402 dong 105 dong 105 dong 102, and the contract for the sales contract with the Defendant on June 8, 2010 with the construction cost of KRW 11,622,00, and the balcony expansion option construction contract with the construction cost of KRW 115,880,00. According to each of the above contracts, the Defendant paid interest on the remainder of the sales price of KRW 115,80,00 and the remainder of the options construction cost of KRW 9,302,00 and the intermediate payment contract of KRW 115,300 until the expiration of the occupancy designation period (the Plaintiff paid interest by the month of the pre-use inspection date and the Defendant paid the remainder.

The following interest rates shall be paid and the overdue interest rate shall apply at the time of delinquency. The plaintiff notified the period of occupancy designation as follows: (a) the deposit bank of the additional interest rate of 1 to 30 days in arrears, 5.96% 1 to 5.96% in arrears interest rate of 1 to 30 days in arrears, 8% in 13.96% in 13.96% in 91 to 90% in 181% in 14.96% in 96% in 181% in 181 to 15.96% in 200 in 201: (b) the plaintiff completed a pre-use inspection on the apartment of this case on October 26, 2012; and (c) notified the defendant that the period of occupancy designation should be paid in full and occupied at the same time by setting the period from November 3 to December 31, 2012.

3) According to the above sales contract, the Plaintiff arranged for the Defendant to borrow an intermediate payment of KRW 195,90,000 from the National Bank of Korea, and paid KRW 19,413,754 in total interest from May 17, 2010 to November 14, 2012. [Grounds for recognition] absence of dispute, Gap evidence 1 through 8 (including each number; hereinafter the same shall apply)

Each entry of this Court, each of the orders to submit financial transaction information to the president of this Court, the results of the review, the purport of the entire pleadings, and the recognition of the whole purport of the arguments.

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