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(영문) 수원지방법원 2019.05.15 2017가합26006
기타(금전)
Text

1. The Defendant Company AF written the Plaintiffs’ “Plaintiff” in the attached Table 1 Schedule shall state the “amount claimed and the amount quoted.”

Reasons

1. The Defendants, based on the facts, are the executing company of AK development project, which is a multi-family house in Pyeongtaek-si AJ, and the Plaintiffs are the persons who purchased the above multi-family house from the Defendants.

Article 4 (Additional Fees, Overdue Charges, and Compensation for Delay) (2) When the agreed payment date has elapsed due to the delay in the payment of the intermediate payment and the balance, the late payment penalty calculated by applying the overdue interest rate calculated by applying the aggregate of the weighted average credit rates of deposit banks (the household loan, the new handling amount as of May 2015, and 3.01% per annum) announced by the Bank of Korea at the time of the conclusion of the sales contract for the overdue days to the overdue days by the overdue period set forth in the highest bank over the market share of household funds (the contract date as of the previous year - the contract date) and 5-10% per additional interest per overdue period (the overdue interest rate set forth by the highest bank over the market share of household funds) under the Civil Act and the overdue interest rate set by the highest bank over the overdue period.

Provided, That where the planned part payment schedule is considerably delayed than the initial part payment schedule, "A" and "B" may adjust the payment schedule of the part payment by agreement.

(3) In the case of the preceding paragraph, when the rate of arrears calculated by adding the economic situation to a change, etc. has increased or decreased by at least 2% per annum in light of the point at which the sales contract was concluded, “A” and “B” shall be calculated from that time by applying the increased or decreased rate of arrears.

However, where "A" intends to calculate a new arrears on the grounds of an increase of at least 2% per annum of the aggregate arrears rate, it shall apply after notifying the "B" of such fact in advance.

A shall pay a delay compensation calculated in accordance with the overdue rate pursuant to paragraph (2) to the down payment and intermediate payment already paid, if it is impracticable to move into the area on the scheduled date (the changed date in the case of notification of change) of the occupancy stipulated in this Agreement.

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