가. 원고는 토목건축공사업, 전기공사업 등을 영위하는 법인으로서, 인천 중구 경제자유구역 내 B블럭 72,182.593㎡ 지상 1,628세대 규모의 공동주택인 C 아파트(이하 ‘이 사건 아파트’라 한다)를 신축, 분양하는 사업의 시행사 겸 시공사이다.

B. On January 25, 2010, the Plaintiff entered into a sales contract with the Defendant for the instant apartment Nos. 109 Dong 1403 (hereinafter “instant sales contract”). The main contents are as follows.

Article 1 (Supply and Payment Method) - Total supply amount: 328,180,00 won (including VT) - Contract Deposit: 16,400,000 won - Intermediate payment (the first to sixth vehicles): Total amount of KRW 195,90,000 (=32,650,000 x 6) - Balance: 115,880,000 won, and Article 2 (2) (2) of the Date of Designation of Occupancy Designation may cancel this contract in case of its own circumstances.

However, it shall be limited to cases where "A (Plaintiff)" is recognized after payment of part payments at one time.

(3) The term “B” may cancel this contract if it is impossible to move into within three months from the scheduled date of occupancy due to the reasons attributable to “A”.

(2) The term "B" shall, when the agreed payment date has elapsed as a result of the delay in the payment of the intermediate payment and the balance, pay the late payment fees by using the overdue rate calculated by adding the average credit rates among the deposit banks announced by the Bank of Korea at the time of concluding a contract for the supply of the intermediate payment and the days elapsed, to the late payment fees.

Of the overdue interest rate banks, 5.96% 1 to 30 days in arrears interest rate 1 to 5.96% in 10.96% in 31 to 90% in 8.96% in 13.96% in 91 to 180 days in arrears interest rate 14.96% in 181 to 10% in 15.96% in 10% in 15.96% in 7 (interest on Long-term Loans) “A” means, only if “B” applies for an intermediate payment loan, the following is to arrange an intermediate payment loan:

(4) The loan interest rate shall have been extended by the designated lending institution with interest payment system.