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(영문) 의정부지방법원 고양지원 2017.01.25 2016가단19636
위약금등
Text

1. The Defendant’s KRW 42,403,497 per annum against each of the Plaintiffs and 6% per annum from December 12, 2012 to July 9, 2016.

Reasons

1. Under the facts based on the facts, the Plaintiffs concluded a sales contract with the Defendant as a joint executor of the apartment B, and subsequently continued.

The remainder of the sales price for the object of sale in lots, the intermediate payment for the down payment for the down payment of the sales price for the object of sale in lots, shall be paid 10% of the sales price as penalty when the sales contract is cancelled due to a cause attributable to the defendant of the penalty clause among the contract for the down payment of the down payment for the down payment for the object of sale in lots, 302, 1202, 561,90,000 won 28,095,000 won 337,140,665,000 won.

From the date preceding the date of the designation of occupancy with respect to the loan holders of the intermediate payment 1, 2, and 3 installments, the Plaintiffs pay the interest paid by the Plaintiffs at the time of occupancy, and the interest accrued from the date of the designation of occupancy with respect to the loan holders of the intermediate payment 4, 5, and 6 installments, the Plaintiffs pay the interest accrued from the date of the designation of occupancy with the payment by the Plaintiffs up to the date preceding the date of the designation of occupancy, and the interest accrued from the date of the designation of occupancy. However, the Plaintiffs paid the interest on the loan of the intermediate payment 1 through 6 installments on December 31, 2010, the Defendant notified the Defendant on September 22, 201, that the payment of the principal and interest on the loan to the lending bank and the payment of the remainder to the Plaintiffs on October 28, 2011, the Defendant notified the Defendant of the cancellation of the sale contract and the payment to the Defendant on January 13, 2011.

The plaintiffs, 56,190,000 won penalty of 10% of the supply value, calculated by the ratio of 6% per annum from the date of the last payment to the date of the cancellation of the contract for sale in lots, to 415,757 won from the date of the designation of occupancy in the commercial law, shall be the intermediate payment of 17,589,374 won from the date immediately preceding the date of the beginning of the designation of occupancy in the commercial law.

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