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(영문) 서울서부지방법원 2016.01.20 2014가합35419 (1)
위약금 등
Text

1. The Plaintiff:

A. Defendant G and H jointly and severally KRW 112,461,634 and as from October 8, 2014;

B. Defendant I and J.

Reasons

1. Basic facts

A. The Defendants entered into a contract with Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), under which the Defendants would purchase the F apartment located in Yongsan-gu E (hereinafter “instant apartment”) from the Korea Asset Trust in the respective households of the F apartment located in Yongsan-gu, Yongsan-gu (hereinafter “instant apartment”) as shown in the table below (hereinafter collectively referred to as “the two contracts”) and paid the down payment on the date of conclusion of each contract.

The name of the contractor shall be K prior to the date of the contract, the sale price in lots, the down payment G, the down payment.

H on July 24, 2008 1904, 1904, 479,000,000 won 10,000,000 won I, and J on July 7, 2008 201 Dong 2202, 718,000,000 won 20,000 won

B. The main contents of the contract cancellation, intermediate payment loan interest, penalty, etc. are as follows.

(However) However, “A” means the Korea Asset Trust, “B” means the buyer, “B” means the Defendants, and “B” means the Plaintiff, the contractor, and “B” means the Plaintiff. Article 2 (B)(3) The monthly interest rate for repayment to be borne by “B” in relation to a loan agreement after the late payment of interest on the part payment (e.g., double or late payment of interest) shall be paid instead of “A” (the joint and several liability of “B”), and “B” shall pay the entire repayment interest paid in lieu of “A” to “A” separately from the supply amount prescribed in Article 1 at the time of occupancy. The base date for the burden on the lender shall be the date of the initial occupancy designation of “A”, and “B” shall be the base date after the base date for the payment on behalf of “A”. In addition, where “B” does not settle to “B” in lieu of the first date for the designation of the occupancy, “B” may not be arbitrarily rescinded after the payment of interest on an intermediate payment.

Provided, That where a contract is terminated inevitably under the recognition of "A", it shall be until the date of request for cancellation.

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