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(영문) 부산지방법원 2019.05.29 2018가합47673
지체상금
Text

1. On March 21, 2019, the Defendant entered the Plaintiffs in the form of the cited amount in the attached Table 3 sheet with respect to each of the relevant money and each of the said money.

Reasons

1. Basic facts

A. The Defendant was a company that newly built and sold “C”, a main complex officetel with the size of 6th underground and 40th above ground, on the ground of Busan Shipping Daegu B, and the Plaintiffs were either the buyers who entered into a supply contract with the Defendant for the instant officetel, or the buyer who acquired the status of the buyer.

C The scheduled occupancy date of the supply contract: December 2017 (the scheduled occupancy date may be changed according to the process, and the actual occupancy date shall be later designated and notified): Provided, That the scheduled occupancy date agreed between the defendant and the plaintiff H and the plaintiff I is December 2017 to April 2018, and the scheduled occupancy date agreed with the plaintiff J and the plaintiff K is June 2018.

Article 8 (Late Payment and Compensation for Delay) (1) of the General Provisions of the Supply Contract (1) "B" (hereinafter the same shall apply) shall be paid by adding up the interest rates on loans from the bank for the intermediate payment and the interest rates on additional charges for each period of arrears when the agreed payment date has elapsed due to the delay in the payment of the intermediate payment and the balance, and the additional charges shall be paid in the order of the amount of late payment and the buyer shall pay the late payment calculated by applying the additional interest rates of 8% per annum at the time when the number of expiry days falls short of one month, 10% per annum at the time between 1 month and 3 months, 13% per annum at the time between 3 months and 6 months, and 15% per annum at the time when the number of lapse days falls short

In addition, the late payment charge on the fund shall be calculated based on the expiration date of the occupancy designation period.

(2) Where it is impracticable for a purchaser to take occupancy on the scheduled date for occupancy specified in this contract, the "A" (the defendant; the same shall apply hereinafter) shall pay the down payment and intermediate payment already paid to the purchaser at the overdue rate under paragraph (1) 1, or deduct the penalty for delay from the remaining amount

Provided, That where "B" receives an advance payment, it shall be determined by calculating the compensation for delay at the amount after the discount.

(3) “A” shall be defined as “A.”

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