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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The defendant is a corporation established for the purpose of housing construction and supply business for sale in lots, etc., and is the executor of the unit D apartment (the name of the unit E was changed later; hereinafter referred to as the "multi-unit D apartment of this case"), and the plaintiff is the buyer of the unit of the real estate listed in the attached list among the unit D apartment of this case (hereinafter referred to as the "multi-unit apartment of
On December 29, 2015, the Plaintiff entered into a supply contract with the Defendant to sell the instant apartment at KRW 461,90,000 (hereinafter “instant sales contract”). The main contents of the instant sales contract, including liquidated damages, are as follows.
Article 9 (Advance Payment Rates, Arrears Charges, and Penalty for Delay) (1) If the agreed payment date has elapsed due to the delay in the payment of the down payment, the intermediate payment, and the remainder twice and twice, the average credit rate of the deposit banks (3.06% per annum, and 11.06% per annum, but 11.06% per annum, 12.06% per annum, and 13.06% per annum, and 12.06% per annum, and 13.06% (2) (hereinafter referred to as the "Plaintiff"; hereinafter the same shall apply) at the time of delinquency over three months or more but less than six months from the date of delinquency in the period of one month or more from the date of delinquency in the period of one month or more, the average credit rate of the bank banks (3.06% per annum, and 3.06% per annum per annum) announced at the Bank of Korea as at the date of public notice for the payment of the household price plus the maximum interest rate per annum (3 months or 9% per annum per annum less than six months).
(4) If Party A (hereinafter “Plaintiff”) is unable to move into the scheduled occupancy date set forth in the Preamble part of the contract, the advance payment corresponding to the balance shall be based on the advance payment, if the amount of the supply price that Party B paid is paid in advance.