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(영문) 대구지방법원포항지원 2019.05.16 2018가단105765
계약금등 반환청구의 소
Text

1. As to Plaintiff A’s KRW 27,60,400, and KRW 56,070,400 to Plaintiff B, and each of the said money from November 20, 2018.

Reasons

1. Facts without dispute;

(a) The scheduled date for completion of a contract for sale in lots: Article 1 (Methods of Payment) of the scheduled date of August 2016 (the date of occupancy can be changed according to the process, and the date of occupancy shall thereafter be notified), Article 1 (10%) of the contract amount (10%) of the first intermediate payment (10%) of the second-fourth intermediate payment (20%) of the second-fourth intermediate payment (20%) and Article 3 (2) of the balance (2) of the contract person delays the payment of the intermediate payment and the balance, the late payment charges applying the overdue rate of 17% per annum to the number of delayed days shall be additionally paid.

Provided, That the overdue time of the remainder shall accrue from the day following the completion date.

(4) If the defendant (execution agent) delays the completion of the project, the contractor shall pay the amount calculated by applying the interest rate of time (the first financial right) to the price paid as compensation for delay or deduct the remaining amount from the compensation for delay.

Article 7 (Cancellation of Contract) (1) In cases where a contractor has committed an act falling under any of the following subparagraphs, the defendant may cancel this contract where no performance is made after the peremptory notice of performance fixing a grace period of 14 days:

Provided, That in the case of subparagraphs (d) through (e), the contract may be rescinded without a notice of performance, and (a) the sale price (a) has not been paid for not less than 30 days from the due date of the payment of the intermediate payment, (b) the contractor may rescind this contract by himself in the case of his own circumstances: Provided, That the contract may be rescinded after the payment of the intermediate payment: Provided, That the contract may be rescinded in any of the following cases; (c) where the occupancy has been delayed for more than 6 months from the due date of the first scheduled date of occupancy; or where the Defendant has received a corrective order under Article 9 of the Act on Sale of Building Units from the due to the reasons falling under paragraph (12).

Plaintiff

A on May 20, 2014, from the Defendant, the Nam-gu E.

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