1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to be paid below.

1. Basic facts are as stated in the reasoning of the judgment of the first instance, except that: (a) the Defendant in the fourth 11st stma of the judgment of the first instance is deemed to be “Plaintiff”; and (b) the fourth 16th “round August 201” in the fourth 16th st 201 is deemed to be “round July 201 or around August 201; and therefore, (c) the corresponding part of the judgment of the first instance (paragraph (1) is deemed to be as stated in the main sentence of Article 420 of the Civil Procedure Act.”

2. Determination on the main claim

A. According to the above facts, according to the instant sales contract, the Defendant is obligated to pay the Plaintiffs an intermediate payment of KRW 1.72,368 million (i.e., the intermediate payment of KRW 1.34,064 million) with the intermediate payment remainder (i.e., KRW 38,304 million). (ii) For the following reasons, the Plaintiffs’ claim for damages for delay is rejected.

A) Article 587 of the Civil Act provides, “The fruits arising from an object which has not been delivered even after a sales contract was concluded shall belong to the seller, and the buyer shall pay the interest of the purchase-price from the date on which the delivery was made.” This purport is to prevent a complicated relationship between the seller and the buyer with respect to the fault of the object and the interest on the purchase-price, and to maintain the balance of interests or equity between the parties (see, e.g., Supreme Court Decision 2004Da8210, Apr. 23, 2004). Therefore, if the subject matter of the sale is not delivered and the buyer has not paid the purchase-price in full, even if the seller’s delay in the performance of the delivery obligation belongs to the seller, the buyer cannot seek compensation for damages arising

On the contrary, even if the buyer's obligation to pay the purchase price was delayed, the buyer does not need to pay the interest on the purchase price until the subject matter of the sale is delivered to the buyer. Thus, unless the object is delivered, the seller shall be liable for the delay of the buyer's obligation to pay the purchase price.