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1.The judgment of the first instance shall be modified as follows:
The defendant 348,346,397 Won and its among them, 115,880.
Reasons
1. Basic facts
A. On January 29, 2010, the Plaintiff, a contractor for the new construction and sale of apartment units C in the Incheon Jung-gu Free Economic Zone (hereinafter “instant apartment units”) and the Plaintiff, a contractor, entered into a sales contract (hereinafter “instant sales contract”) with the Defendant by setting the sales price of KRW 323,180,00 (including contract deposit of KRW 16,40,000, KRW 115,80,000, KRW 110,000, and KRW 115,80,000, and each value-added tax) as the sales contract (hereinafter “instant sales contract”).
B. According to the instant sales contract, the Defendant agreed to pay the remainder of the sales price to the Plaintiff by the designated date of occupancy, and to pay damages for delay by applying the following overdue interest rate in the event of arrears.
The additional interest rate bank at the overdue interest rate for each overdue period shall be 5.96% for 1-30 days, 5.96% for 10.96% for 31-96% for 31-90% for 8.96% for 13.96% for 91-180% for 14.96% for 91-96% for 181% for 181% for 14.96% for 15.96% for 180% for 10% for 15.96% for 20% for 10% for 30% for 30% for 10% for 30% for 30% for 30% for 40%
C. The Defendant borrowed KRW 195,90,000 from a foreign exchange bank (hereinafter “foreign exchange bank”) for the payment of intermediate payments under the instant sales contract. The Plaintiff paid KRW 19,326,378 on a monthly interest on the said loan to the foreign exchange bank from May 15, 2010 to November 15, 2012 pursuant to the instant sales contract.
On October 26, 2012, the Plaintiff completed a pre-use inspection on the instant apartment, and notified the Defendant of the purport that the period of designation of occupancy from November 3, 2012 to December 31, 2012 should be determined and the purchase price should be paid in full within the said period and at the same time, to move into the instant apartment.
E. However, the defendant.