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1. As to KRW 136,282,378 and the Plaintiff’s KRW 116,956,00 among them, the Defendant shall be annually from January 1, 2013 to June 16, 2016.
Reasons
1. Basic facts
A. (1) On November 3, 2009, the Plaintiff concluded a sales contract with the Defendant for the sales price of KRW 328,180,000 with respect to the Jung-gu Incheon apartment unit 107, 1603 (hereinafter “instant apartment unit”) newly constructed by the Plaintiff (hereinafter “instant sales contract”).
(2) In accordance with the instant sales contract, the Defendant agreed to pay all the down payment and intermediate payment to the Plaintiff, and the remainder KRW 9,630,000 to be paid on the date of designation of occupancy as determined by the Plaintiff.
(3) In addition, on June 4, 2010, the Defendant concluded an options contract for the construction of balcony expansion options with the Plaintiff as well as the construction cost of KRW 9,262,00,000, and paid all the down payment, and the remainder KRW 17,326,00 on the date of designation of occupancy as determined by the Plaintiff.
(4) When concluding the instant sales contract and options construction contract, the Defendant agreed to pay damages for delay by applying the following interest rates in the event that the payment of the sales price and the balance of the options construction cost is overdue.
Additional Interest Rate (A) The Deposit Bank's Average Credit Interest Rate (B) 5.96% on 1 to 30 days in arrears (AB) 5.96% on 31 to 90% 8.96% on 31 to 90% 13.96% on 91 to 180% on 14.96% on 91 to 181 days, but 10% on 15.96% on 181 days.
B. In the instant sales contract, the Plaintiff agreed to arrange the Defendant to receive an intermediate payment loan and to pay interest on the intermediate payment in advance on the condition that the intermediate payment is settled later. ② In the event of the payment of the remainder, the Defendant agreed to pay the intermediate payment directly to the Plaintiff and to repay the principal and interest of the intermediate payment to the lending bank or to convert the loan into a secured loan before moving into the lending bank.
(2) The defendant is the plaintiff.