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(영문) 부산지방법원서부지원 2020.08.19 2020가단399
구상금
Text

1. The defendant shall pay 39,379,060 won to the plaintiff and 12% per annum from March 3, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 16, 2015, the Plaintiff entered into a contract with D to supply (sale) the building F (hereinafter “instant commercial building”) in Busan Jin-gu, Busan (hereinafter “instant commercial building”) (hereinafter “instant supply contract”).

B. The main contents of the instant supply contract are as follows.

Article 3 [Cancellation of Contract] A (Plaintiff) of the Supply Contract of this case may cancel this contract where there is no performance after the peremptory notice is given when B (seller) has committed any of the following acts:

(1) When the supply price prescribed in Article 1 is not paid continuously once or more, and the payment has not been made with a grace period of not less than 14 days fixed and with a peremptory notice not less than twice or more. (2) When the balance has not been paid within two months from the agreed date, the penalty prescribed in Article 4 / [Penalties] when the contract is terminated for reasons falling under Article 3 (1), ten percent of the total

Provided, That where the down payment already paid falls short of the penalty (10% of the total sale price), Eul shall reimburse the shortage immediately to Gap.

Article 16 [Attachment to Loan and Payment of Part-Time Loan, etc.] (4) When a contract is terminated after receiving a loan, B shall make a prior payment of the loan interest paid by A to the designated district of A. If a contract is not made without making a prior payment to the lender, A shall refund to B the balance after deducting the penalty (10% of the total amount of the sale price), the principal of the loan, the interest on the loan (including the delayed payment), the amount of the loan (including the deferred payment), and the deposit fee from the sale price paid by B.

Provided, That where the repayment value for the loan interest (including the delayed payment) is insufficient, B shall be repaid to A separately for the shortage.

In addition, A may claim the amount of civil or criminal payment to B.

C. On March 25, 2016, D transferred the status of purchaser under the instant supply contract to G, and G was under the said supply contract to the Defendant on January 8, 2019.

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