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(영문) 인천지방법원 2016.06.15 2015가합55614
분양대금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 348,346,397 and KRW 115,880,00 among them, Defendant B shall be from January 1, 2013 to January 30, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is a contractor and contractor of a business that newly constructs and sells E apartment units on the ground of the Incheon Jung-gu D block (hereinafter “instant apartment unit”). The Defendants are the buyers who concluded a sales contract for the instant apartment units with the Plaintiff.

B. 1) The Plaintiff entered into a sales contract with the Defendants for each apartment of this case as indicated below (hereinafter “each sales contract of this case”)

(1) The Plaintiff entered into an agreement to pay KRW 16,40,00 to the Plaintiff as the down payment on the date of entering into each of the instant sales contracts, Defendant B paid KRW 16,400,00 to the Plaintiff as the down payment on the date of entering into each of the instant sales contracts, Defendant C paid KRW 16,40,000, respectively, the intermediate payment was paid in six installments thereafter, and the intermediate payment was paid in six installments thereafter.

The payment, balance, and each payment period of the Defendants stated in each contract for sale in this case are as listed below (attached Table 2).

[2] On September 15, 2011, February 15, 2011, the Defendants agreed to pay damages for delay at least 32,650,880,000 won each of the 32,90,000,000 won C, 115,880,000 won each of the 32,90,000,000 won, 10,000,000 won in the 6th intermediate payment in the 6th intermediate payment in the 6th intermediate payment in the 2010, April 15, 2010, when entering into each of the instant sales contracts with the Plaintiff [3] The Defendants agreed to pay damages for delay at least 196% of the average deposit interest rate of at least 196% in the 196,000,000 won per 32,90,000 won in the 196,000,0000 won in the 196,05.36.

C. At the time of the Plaintiff’s intermediate payment loan arrangement and the Defendant’s intermediate payment payment, the Plaintiff receives a loan from a financial institution.

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