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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
(b).
Reasons
1. The reasoning of the judgment of the court of first instance cited the same as the reasoning of the judgment of the court of first instance, except for the addition to the following, and thus, it is acceptable to accept it as it is by the main sentence of Article 420
2. The following provisions shall be added to the content of the instant contract in Section 3 of the judgment of the court of first instance, which is written or added.
In the event that Article 2 (Attachment Fee, Arrears Fee, and Penalty for Delay) (2) pays the intermediate payment and the balance after the date of the contract, the amount calculated on the basis of the number of delayed days shall be additionally paid by applying the interest rate of 18% per annum to the number of transitional days. (4) If the scheduled date of occupancy specified in the Preamble part of this contract has been delayed for at least two months, the penalty for delay shall be paid to B or deducted from the balance, with the rate of 18% per annum, for the sale price already paid according to the number of delayed days, applying the interest rate of 18% per annum.
“The contract of this case, the provision for liquidated damages (Article 2(2)) to be paid in cases where the plaintiffs delayed intermediate payments and balance (Article 2(4)), and the provision for liquidated damages to be paid in cases where the defendant delayed the scheduled date of occupancy (Article 2(4)). Thus, it is interpreted that the plaintiffs and the defendant made a special agreement to waive the right of simultaneous performance under bilateral contract. Accordingly, the plaintiffs who delayed the payment of the purchase price are liable to pay 72,977,742 won to the defendant, respectively. The plaintiffs who delayed the payment of the purchase price of this case = [10,45,00 won with overdue payment of 353,200,000 won with overdue payment of 45,50,000 won under Article 5(1) of the contract of this case x 1/2]. This asserts that the defendant has no obligation to pay the purchase price of this case to the plaintiffs x 60,478,046 won with interest payment of the plaintiffs x 129,12500 won.
However, the evidence submitted by the defendant is alone.