(영문) 부산지방법원동부지원 2020.05.07 2019가단223022

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(영문) 부산지방법원동부지원 2020.05.07 2019가단223022

매매대금

Text

1. The Defendant’s KRW 18,849,610 for the Plaintiff and KRW 6% per annum from August 13, 2019 to May 7, 2020.

Reasons

1. Facts of recognition;

A. The defendant related to the parties is a company that newly constructs and sells a hotel E on the Busan Shipping Daegu C or D ground (hereinafter "the hotel of this case") and the plaintiff is the buyer of the hotel F of this case.

B. Concluding the instant supply contract and paying the price 1) The Plaintiff entered into a contract with the Defendant for the purchase of the instant hotelF around November 2016 (hereinafter “instant supply contract”).

(2) The main contents of the instant supply contract are as follows: (a) concluded a contract deposit; (b) paid 18,850,000 won to the Defendant; and (c) the intermediate payment received a loan from G Union, a financial institution arranged by the Defendant;

(A) “A” means the Defendant who is the seller, and “B” means the Plaintiff who is the buyer, and “B” means the Plaintiff who is the buyer: April 2019 (the scheduled date of entry may be altered somewhat according to the inspection and process, and the accurate date of entry and the due date of remainder payment shall be notified later separately). (2) “B” shall pay the late payment charge in accordance with the following table if the payment of the intermediate payment and the balance is delayed.

Provided, That the period of arrears shall be calculated from the following day of the designation date of the balance payment after completion.

(4) If “B” is unable to move into “B” on the date of commencement of occupancy agreed upon by “B,” the amount calculated by applying the interest rate of delay rate of 15 percent per annum on the down payment and intermediate payment already paid by “B” shall be paid as compensation for delay or deducted from the balance of the sales price.

Provided, That the part payments and the part payments in arrears of which the “A” has paid the loan interest on behalf of the borrower and the part payments in arrears shall be excluded from the amount subject to calculation.

(5) Where the approval for use is delayed due to force majeure, such as an administrative order, which is not a cause attributable to A, due to a natural disaster or "A", "A" shall be notified to "B", and in such cases, "A" shall be provided for in

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