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(영문) 인천지방법원부천지원 2020.09.11 2019가단105087
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 5,345,070 and a rate of 12% per annum from March 26, 2020 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendants with respect to officetels or commercial buildings listed in the attached Form as a truster for the execution of the main complex facilities outside G and three lots of land (hereinafter “instant building”) in Kimpo-si, Kimpo-si, which was executed by the Lpo-si in the Dispute Resolution Co., Ltd. and executed by the F. The common terms of the contract are as follows.

Article 1 (Methods for Payment of Sale Price) (4) The balance shall be paid by the expiration date of the period for designation of occupancy notified to the purchaser by the plaintiff or the F.

Provided, That if it is intended to move into prior to the expiration date of the designation period for occupancy, the balance shall be paid.

Article 3 (Cancellation of Contract) (1) When a purchaser has committed any of the following acts, the plaintiff or the Fund in charge of the settlement of disputes may cancel this contract after peremptory notice, if no performance is made:

(b) When the balance (including the sales price in arrears, if any) is not paid within two months from the completion date of the designation period of the salesroom occupants, the sales price shall be included) under Article 4 (Penalties) (1), 10% of the total sales price shall be reverted to the E-management company as penalty when the contract is cancelled for reasons falling under Article 3 (1), 2 and 3.

Provided, That where the amount of the purchase price paid falls short of the penalty, the purchaser shall pay the insufficient amount, late payment charges, etc. to the E-management company.

(2) When the contract is cancelled for reasons falling under Article 3 (1), (2) and (3), the Dispute Resolution Committee shall refund the amount calculated by subtracting the penalty from the price paid by the purchaser, and where the purchaser has borrowed a loan from the lending institution in accordance with the agreement of the Dispute Resolution Committee, the plaintiff, and the F in charge of the Dispute Resolution Committee, the purchaser shall repay the loan (including damages for delay, incidental debt and the total amount of the loan interest paid by the plaintiff to the financial institution on behalf of the purchaser) to E in the Dispute Resolution Committee, the plaintiff, the Dispute Resolution Committee, the F in charge of the Dispute Resolution or the lending institution, and where the E-In

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