(영문) 서울서부지방법원 2015.01.30 2014가합35303

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(영문) 서울서부지방법원 2015.01.30 2014가합35303

위약금 등

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1. The Plaintiff:

A. Defendant A’s KRW 270,976,249 and the interest rate of KRW 20% per annum from July 23, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendants entered into a contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) under which each household unit of the F Apartment-gu, Yongsan-gu (hereinafter “instant apartment”) was sold in lots as indicated in the following table:

(2) The sales contract of this case shall be referred to as "the sales contract of this case". The sales contract of this case shall be referred to as "the sales contract of this case". The sales contract of this case as of June 1, 2009 ( Won A, A, 203-901 929,000,000,000 B on August 18, 2008, 101-1201 579,000,000 on August 18, 2008; 102-302579,000,000 on August 30, 200, 200 D 102-402-579,000,000 D on August 26, 2008; 10,0000,000,000,000,000, or more than 16,009

B. Of each of the instant sales contracts, the contents pertaining to the rescission of the contract, interest on loans from intermediate payments, penalty, etc. are as follows.

(hereinafter referred to as "A" shall be omitted, and "A" shall be paid by "A" instead of "B" (joint and several suretys) and "B" shall pay the entire repayment interest paid in lieu of "A" separately from the amount of supply prescribed in Article 1 at the time of occupancy, in connection with a loan agreement after the late payment of interest on the part payment (i.e., mid-term and interest loan agreement). The monthly repayment interest to be borne by "B" in relation to the loan agreement after the late payment of interest on the part payment (i.e., double-term and interest payment agreement) may be arbitrarily rescinded a contract for the payment of the part payment on behalf of "A". The base date for the interest on the loan shall be the date of the first occupancy designated by "A", and the base date for the payment on behalf of "A" shall be the base date prior to the first date of the designation of the first occupancy.

Provided, That where a contract is terminated inevitably under the recognition of "A", the interest on the loan of "B" that has already been paid by "A" by the date of request for the cancellation of the contract shall be repaid in full to "B".

9 Where this contract is terminated, "A" shall apply for the sale price to "B" as the sale price to be returned.

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