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(영문) 서울중앙지방법원 2016.05.18 2015가단180253
분양대금등
Text

1. On January 1, 2013, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) KRW 144,508,378 and KRW 125,182,00 among them.

Reasons

1. Basic facts

A. (1) On January 31, 2010, the Plaintiff concluded a sales contract with the Defendant for the sales price of KRW 328,180,000 (hereinafter “instant sales contract”) with respect to the Jung-gu Incheon apartment 110, 903, Jung-gu, Incheon (hereinafter “instant apartment”) newly constructed by the Plaintiff.

(2) The Defendant paid 16,400,000 won to the Plaintiff on the date of conclusion of the instant sales contract, and thereafter, the intermediate payment was paid on six occasions, and the remainder was paid on the date of designation of occupancy as determined by the Plaintiff.

The defendant's intermediate payment, remainder, and each payment deadline specified in the contract for sale in this case are as follows:

On December 15, 2011, December 15, 2011, December 15, 2011, the remainder of the fourth intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the following: (a) the Defendant concluded a contract for the construction project expansion of balcony (hereinafter “instant options contract”) with the Plaintiff to pay the remainder of KRW 9,302,00 by June 4, 201; and (b) the Defendant paid the down payment of the down payment to the Plaintiff on May 30, 2010.

(4) When entering into the instant sales contract and the instant options contract, the Defendant agreed to pay damages for delay by applying the following delayed interest rates in the event that the payment of the sales price and the balance of the options construction cost is overdue.

Additional Interest Rate (A) The Deposit Bank's Average Credit Interest Rate (B) 5.96% on 1 to 30 days in arrears (AB) 5.96% on 31 to 90% 8.96% on 31 to 90% 13.96% on 91 to 180% on 14.96% on 91 to 181 days, but 10% on 15.96% on 181 days.

B. In the instant sales contract, the Plaintiff’s intermediate payment brokerage and advance payment of interest (1) agreed to arrange for the Defendant to receive an intermediate payment loan, and to make an advance payment on the condition of subsequent settlement of interest on intermediate payment until the date of use inspection.

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