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(영문) 서울중앙지방법원 2017.09.25 2016가합572290
청구이의
Text

1. The Defendant’s payment order against the Plaintiff is based on the payment order issued on May 28, 2015, 2015, the Seoul Central District Court (hereinafter “Seoul Central District Court”).

Reasons

1. Basic facts

A. (1) On November 17, 2009, the Plaintiff (hereinafter “instant apartment”) constructed by the Defendant and the Defendant on November 17, 2009, 110-dong 3202, Jung-gu, Incheon. (hereinafter “instant apartment”).

31,540,000 won for the instant sales contract (hereinafter “instant sales contract”).

(2) On June 5, 2010, the Defendant entered into a contract with the instant apartment (hereinafter “instant options contract”) with KRW 11,622,00 for the construction work of balcony expansion options with the Defendant (hereinafter “instant options contract”).

(2) The Plaintiff only paid the down payment to the Defendant.

The rate of delay damages for the contract of this case and the contract of the options construction contract of this case is as follows.

Additional Interest Rate (A) The Deposit Bank's interest rate on the average credit (B) interest rate (A) 1 to 30 days 5.96% 5.96% 10.96% from 31 to 90 days 8% 13.96% from 91 to 180% from 14.96% from 181 days to 10% from 15.96% from 181 days.

B. 1) In the instant sales contract, the Defendant agreed to arrange the Plaintiff to receive part payments and to pay interest on part payments in advance on the condition of subsequent settlement until the month in which the date of use inspection falls. ② The Plaintiff directly paid interest thereafter, settled the interest on the part payment in advance, and agreed to repay the principal and interest on part payments to the Defendant at the time of the payment of the remainder, and to convert the principal and interest on part payments to the lending bank prior to the occupancy into a secured loan. ② The Plaintiff entered into a loan agreement with the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) at the Defendant’s request, and the Defendant jointly and severally guaranteed the Plaintiff’s obligation.

The intermediate payment was deposited directly into the Defendant’s account according to each payment date, and the Defendant paid 19,527,631 won as the Plaintiff’s loan interest from January 15, 201 to November 15, 2012.

C. 1 The Defendant underwent a pre-use inspection on the instant apartment on October 26, 2012, and set the designation period from November 3, 2012 to December 31, 2012, following:

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