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(영문) 서울동부지방법원 2016.11.18 2015가단109707
이자대납금반환등
Text

1. The Defendant’s KRW 35,852,434 as well as 6% per annum from March 10, 2015 to November 18, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sold the Seo-gu Incheon apartment complex B, and the Maco Construction Co., Ltd. (hereinafter “Maco Construction”) is a company that takes charge of the management-type apartment sale contract and contractor management pursuant to the Special Agreement on the Management-type Land Trust Contract (Article 8(4)(e)) entered into between the Plaintiff, etc. on September 30, 2009 as the contractor of the above apartment complex.

B. On January 11, 2010, the Plaintiff and Posco Construction concluded a sales contract with the Defendant on the said apartment Nos. 2801, 4401 (hereinafter “instant apartment”) containing the following contents:

(hereinafter referred to as the "sale contract in this case". A seller: B (Plaintiff), B (Defendant), and C (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy and use of Skco Construction). Thus, A may subsequently change the total supply amount of KRW 645,80,000 (the price and payment method for supply) and the intermediate payment (10%) (30%) and (2) (1) and (3) (15, 10, 10, 15, 100, 100 (30%) and (4) (15, 10, 10, 15, 10, 10, 15, 10, 15, 10, 15, 10, 206, 10, 106, 30, 106, 27, 206, 15, 206, 16, 206, 106, 36, 16, 26, 16, 10, 16) and 3).

(3) In cases where a financial institution claims payment on behalf of A from the financial institution as a result of the mediation of a loan and the payment of interest agreed upon by the financial institution under the business agreement for a financial institution, on at least 14 days, since any balance has not been paid within three months from the end of the designated period for moving-in, it does not pay interest, etc. to B with the financial institution or has been unredeemed or has been unredeemed by the maturity date of an intermediate payment loan by not less than two times.

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