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(영문) 서울중앙지방법원 2018.01.25 2015가단124239
구상금등
Text

1. The Defendant shall pay KRW 20,331,00 to the Plaintiff the annual rate of KRW 15% from December 9, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter “Unaccompanied”) newly constructed and sold D apartment (hereinafter “instant apartment”) which is a multi-family housing with a scale of 3,000 units on the land of 169,840 square meters above 34 square meters outside Busan Nam-gu, Busan, and 34,000 square meters, and the Plaintiff is a contractor who was awarded a contract for the construction of the instant apartment from unaccompanied.

B. On April 25, 2006, E entered into a sales contract under the following terms and conditions (hereinafter “instant sales contract”) with a total selling price of KRW 628,50,000 with respect to the instant apartment No. 112 Dong 103 as of April 25, 2006, and the status of the buyer based on the instant sales contract was transferred to the Defendant on April 10, 2008 through F.

(hereinafter referred to as “Defendant” both E, F, and Defendant (hereinafter referred to as “Defendant”) . [The instant sales contract] refers to “A” and the buyer refers to “B” and enter into an apartment supply contract between “A” and “B” as follows.

Article 1 (Supply Prices and Payment Methods)

1. The down payment shall be KRW 31,400,00 for the intermediate payment, KRW 125,70,000 for the intermediate payment, KRW 125,70,00 for the first time on May 20, 2006, KRW 62,850 for the second time on October 20, 2006, KRW 62,850,000 for the third time on June 20, 2007, KRW 62,850 for the second time on December 20, 207, and KRW 382,850,00 for the remainder, and KRW 382,850,00 for the remainder at the time of occupancy, respectively.

According to the interest late payment system, A loans arranged to B is 50% of the total sales price from the first intermediate payment to the fourth intermediate payment, including 10% of the second down payment.

3. The sum of 10% of the total sales amount and 10% of the total sum of 10% of the second down payment and 10% of the first and fourth intermediate payment are the form of interest payment in which A mediates loans to B and pays the remainder and interest of loans at the time of B occupancy.

4. Interest on any part of the intermediate payments to be financed shall be paid by Party A by the beginning date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

3 The remainder and interest payment system shall be based on the remainder and interest payment system.

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