분양대금 등
1. The Defendant’s KRW 35,997,013 as well as the Plaintiff’s annual rate from October 24, 2014 to April 22, 2015.
1. Judgment on the ground of the plaintiff's claim
A. The facts of recognition (1) on November 20, 2009, the Defendant entered into a contract for the sale of an apartment unit with the Plaintiff to purchase KRW 105,65,000 from the Plaintiff apartment unit Nos. 1403, Dec. 20, 2009, and paid KRW 13,432,00 for the down payment. The following contents were also set forth in the contract:
Where a contract is terminated at the cause of a buyer or at his/her request, an amount equivalent to 10% of the parcelling-out price shall be paid as penalty.
The late payment shall be made by adding the late payment charge with 17% per annum to the payment delay of the intermediate payment and the balance.
Where a contract is terminated due to a cause attributable to a buyer, the sale price for the term shall be paid after deducting the penalty, loan interest order, and the balance shall be paid, and where the sale price for the term falls short of the amount of the above deduction, the buyer shall pay the difference.
(2) Although the Defendant paid the intermediate payment through a loan arranged by the Plaintiff, the remainder was not paid despite the arrival of the payment date, and accordingly, the Plaintiff rescinded the said apartment sale contract on January 7, 2014.
(3) The interest rate on the intermediate payment (21,786,843) incurred by the date of the cancellation of the contract is KRW 6,728,839, and the housing finance guarantee fee paid by the Plaintiff for the part payment loan of the Defendant is KRW 778,170.
[Ground for Recognition: Facts without dispute, Gap 1 through 8]
B. According to the above facts of recognition, the Defendant is obligated to pay the remaining penalty of KRW 13,432,00, intermediate payment loan interest of KRW 21,786,843, and the housing finance guarantee fee of KRW 778,170, as stipulated in the apartment sale contract concluded with the Plaintiff.
The plaintiff also sought payment of overdue charge of KRW 6,728,839, which is due to delay in the payment of the parcelling-out price. However, as long as the defendant bears the obligation to pay a penalty equivalent to the liquidated damages, there is no ground to seek payment of the overdue charge equivalent
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