(영문) 인천지방법원 2018.05.15 2017가단30742

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(영문) 인천지방법원 2018.05.15 2017가단30742

정산금

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1. The Defendant’s KRW 60,885,937 as well as the annual rate from November 1, 2014 to September 12, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On April 3, 2009, the Plaintiff entered into a housing sale contract with the Defendant on the Incheon apartment No. 1901 Dong 501 (hereinafter “instant apartment”) (hereinafter “instant apartment sales contract”). The main contents of the instant sales contract are as follows.

Article 1 [Sales Price] Article 2 [Attachment 497,450,00 won (24,872,500 won, 49,745,000 won, 1 through 6 intermediate payment, and 149,235,00 won] (4) Where the Defendant pays intermediate payment with a loan from a financial institution designated by the Plaintiff, the loan interest accrued from the date of the intermediate payment loan to the first time immediately preceding the date designated by the Plaintiff shall be paid by the Plaintiff on behalf of the Plaintiff, and the loan interest accrued thereafter shall be paid directly by the Defendant to the lending financial institution.

(5) Under paragraph (4), the Defendant shall repay the amount equivalent to the loan interest that the Plaintiff paid on behalf of the Plaintiff within the period designated by the Plaintiff pursuant to the contract for sale in lots, and if the amount is not repaid within the period, the late payment penalty provision under Article 7 (3) shall apply.

(6) Any balance shall be paid until the expiration of the designation of occupancy notified by the Plaintiff.

Article 3 [Cancellation of Contract] (1) The plaintiff may cancel this contract even after the peremptory notice is given when the defendant committed any of the following acts:

(2) Where the balance fails to be paid within three months from the date of the agreement (the date of termination of the designation of occupancy). (3) Where the defendant fails to pay interest on the part of part payment he/she paid in lieu of the plaintiff pursuant to Article 2 (4) within three months from the date of agreement (the date of termination of the designation of occupancy), Article 4 / [Penalties] (1), Article 3 (1) (1) and (2), when the contract is terminated on the grounds that fall under Article 3

In such cases, penalty shall be reverted to the contract deposit paid by the defendant.

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