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(영문) 부산지방법원 동부지원 2018.01.16 2017가단205723
손해배상(기)
Text

1. The Defendant’s KRW 4,441,327 with respect to the Plaintiff and KRW 5% per annum from September 13, 2017 to January 16, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an executor who newly constructed and sold a Busan Southern-gu Ctel.

B. On June 24, 2015, the Plaintiff entered into a supply contract with D to sell 602, 603, and 620 of Ctels (hereinafter collectively referred to as “each of the instant officetels”) (hereinafter referred to as “each of the instant instant instant supply contracts”) and among the parts related to the instant case are as follows.

The seller "A", the buyer and the buyer shall be "B", and the office trust Korea shall be "A" and "A" shall be "A".

Article 1 (Supply Price and Payment Method) (1) B shall pay the following amount to A:

Provided, That in accordance with the business agreement between A and a financial institution, the intermediate payments may be loaned to B according to the credit assessment of the financial institution, and in this case, the intermediate payments (one-six times) shall be loaned within the limit of 55% of the supplied amount by the deadline, and after the expiration date of the occupancy, the terms and conditions of the loan with the

Article 2 (Cancellation of Contract) (1) A may cancel this contract when B has committed any of the following acts:

2. When the balance has not been paid within two months from the expiration date of occupancy, and a grace period of at least 14 days has not been set and notified two times or more but has not been paid.

(5) Where this contract is terminated or terminated, loans from financial institutions under Article 13 exist, Eul shall repay the principal and interest of loan to the lending institution, and Gap shall refund the balance after deducting the principal and interest of loan (including the interest borne by Gap under Article 13), penalty under Article 3 and late payment charge under Article 6 from the supply amount to be returned to Eul, from the supply amount to be refunded.

Article 3 (Penalty) (1) When this contract is terminated for reasons falling under each subparagraph of Article 2 (1) and (3), the amount of supply shall be the price.

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