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(영문) 부산지방법원 2018.11.14 2017가합50641
위약금
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd., and Plaintiff (Counterclaim Defendant) A, 244,545,680 won, and Plaintiff (Counterclaim Defendant) B, 250,510.

Reasons

Facts of recognition

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is the implementer of the business that newly constructs “G” (hereinafter “instant commercial buildings”) on the F in Yangsan City’s F, and Defendant E Co., Ltd. (hereinafter “Defendant E”) is the pilot of the said commercial building.

B. On November 7, 2016, Defendant D concluded each sales contract with Plaintiff A and the instant shopping mall 108 at KRW 611,364,200, the sales price of Plaintiff B and the instant shopping mall 109 at KRW 626,275,200, and the sales price of Plaintiff B and the instant shopping mall 109 at KRW 355,421,000, respectively, on November 18, 2016 (hereinafter “each of the instant sales contracts”), and the main contents are as follows.

Article 1 (Methods of Payment of Price) (1) The plaintiffs shall pay the sale price in the following manner:

At the time of the contract for the remainder of the down payment contract (10%) 1 (10%) 2 (10%) 3 (10%) 4 (10%) 5 (10%) 10%) 5 (10%) 40%), December 5, 2016 at the time of the contract for the designation of occupancy (40%) 5 (40%) 5 (40%) 2016, June 5, 2017, the scheduled date for the occupancy of the down payment is scheduled as of August 2017, 2017, but the accurate period for the occupancy designation is scheduled to be notified separately to the Plaintiffs, such as the remaining payment date.

Article 3 (Advance Payment Fees, Overdue Charges, and Penalty for Delay) (2) When the payment of the intermediate payment and the balance has been delayed, the Plaintiffs shall additionally pay the overdue charge at the rate of 15% per annum on the number of delayed days.

Article 7 (Transfer of Ownership) (3) When the mediation of public records is completed, defendant D shall immediately notify the plaintiffs, and the plaintiffs shall immediately complete the procedure for transfer of ownership at the expense of the plaintiffs after full payment of the sale price and other payment.

§ 14 (Construction) ① The Corporation shall be responsible and completed for Defendant E to sell this subject matter.

(6) Facilities in a constructed building or building may be changed to dynamics or other products of a building or building only in extenuating circumstances, such as saving materials or returning goods, not attributable to Defendant D.

Article 17 (Cancellation of Contracts) (1) The plaintiffs shall fall under any of the following subparagraphs:

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