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(영문) 수원지방법원 2015.07.23 2014가단523639
구상금
Text

1. The Defendant’s KRW 78,692,597 as well as the Plaintiff’s annual rate of 5% from July 18, 2014 to August 25, 2014.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Defendant is a member of the Mobilizationland Award Co., Ltd. on May 29, 2011 (hereinafter referred to as “boldland member”).

) From Suwon, the general commercial site 2-4 (current Address: Young-gu B) in the A Housing Site Development Zone at Suwon City, the ground C (hereinafter referred to as “instant commercial site”).

(1) The sales contract of this case is concluded to pay a loan from a financial institution and to pay a balance to the scheduled date of occupancy (hereinafter “sale contract of this case”) upon purchasing KRW 1,059,431,046, and KRW 120,02,060,431, respectively.

(2) On March 23, 2011, the Plaintiff, the contractor of the instant commercial building, and the member of the mobilizedland, agreed to lend part payments to the number of buyers of the instant commercial building and pay the principal and interest on the part payment that the Plaintiff, the contractor of the instant commercial building, and the purchaser of the instant commercial building, agreed to jointly and severally guarantee the obligation to repay the principal and interest on the loan of the intermediate payment that the seller borrowed. The Plaintiff and the member of the mobilizedland agreed to pay the principal and interest on the part payment that the seller borrowed.

3) After the conclusion of the instant sales contract, the Defendant: (a) deposited KRW 423,772,00 from the Newan Savings Bank as the intermediate payment No. 119 to pay the sales price on June 30, 201; and (b) deposited KRW 640,824,00 as the intermediate payment No. 120, the intermediate payment of KRW 640,824,00 per annum at 7.7% per annum and at 25% per annum for delayed interest rate (hereinafter “instant loan”).

(4) The member of the National Cemetery in Grandland designated the scheduled date of occupancy as of February 8, 2013 and demanded the Defendant to pay the balance to the Defendant. However, the Defendant did not pay the remainder to the Defendant.

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