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(영문) 서울중앙지방법원 2017.05.18 2015가단21767
구상금 등
Text

1. The defendant shall pay 7,99,000 won to the plaintiff.

2. The costs of lawsuit are assessed against the Plaintiff and the Defendant respectively.

3...

Reasons

1. Basic facts

A. Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter referred to as "unaccompanied") is a contractor who newly constructed and sold a C apartment, which is an apartment house with a scale of 3,000 households, on the land of 169,840 square meters on the land of 34,000 square meters outside Busan Nam-gu, Busan, and the plaintiff is a contractor who received a contract for the new construction of the apartment of this case from unaccompanied.

B. On May 10, 2005, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with a total of KRW 513,800,000 for the instant apartment Nos. 103 and 1404 as follows. Of the sales price, (i) out of the above sales contract, the down payment shall be paid in installments in the first down payment and the second down payment, approximately 5% of the sales price, or 10% of the sales price, or 15%, which shall be paid in installments in six installments (60% or 65% of the sales price). (In the case of the 60% of the sales price, 10% of the sales price, and 10% of the sales price shall be divided into five and 15% each time, and 10% in the case of 65%), and (ii) the balance shall be paid at the time of occupancy.

[this case's sales contract] The implementer's free delivery refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which A mediates loans to B and pays the remainder and interest on loans at the time of occupancy.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

2. Where the financial expenses incurred in relation to the remaining and interest late payment system have not been paid within three months after the expiration date of the designation of occupancy.

3. B shall be from the scheduled date of occupancy due to reasons attributable to A.

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