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(영문) 수원지방법원 2017.06.13 2016가합3815
중도금(1차)반환 및 무이자중도금 대출이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant (Appointed Party) is a project implementer that newly constructs and parcels out the Young-gu B Officetel in Suwon-si, and the appointed party is a trust company that entered into a management-based land trust agreement with the Defendant (Appointed Party) with respect to the construction project of the above officetel.

B. On February 28, 2015, the Plaintiff entered into a contract for the supply of officetels (hereinafter collectively referred to as “instant contract”) with the Defendant (Appointed Party) and the Appointor, etc. to purchase the said officetel C1008 (26D1) KRW 184.9 million and A2002 (38Blin) KRW 283.2 million, respectively, and the main contents thereof are as follows.

On June 17, 2015, the payment date of the part-time payment (60% of the supplied amount) is one time on June 2, 2015, and once on May 17, 2015, no one shall notify the Plaintiff of the amount to be deposited within KRW 1,8490,000,000, KRW 1,84990,000, KRW 1,8499,000, KRW 1,8499,000, KRW 1,8492, KRW 202,8322,8322,832,832,8328,8328,8328,2838,000,00 won as follows:

The amount of supply received by the designated person from the plaintiff shall be appropriated in the order of the plaintiff's late payment, loan interest, intermediate payment, and balance.

When the Plaintiff delayed the payment of the intermediate payment and the remainder, and the payment date has expired, 8.55% per annum of 10.55% per annum of 10.55% per annum of 10.55% per annum of 10.55% per annum of 10.55% per annum of the overdue interest rate for more than one month but less than three months from less than one month to less than three months, the payment shall be made by applying each overdue interest rate for the number of elapsed days as follows, and when the amount of the payment falls short of the amount,

C. Of the foregoing officetels, 26D1 m25.84m2 and the share of a site is 4.57m2, and 38B m2 are 38.04m2 and the share of a site is 6.68m2.

However, each of the instant contracts was made at the time of the contract.

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