The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. The Defendant is the implementer of a business that newly constructs and sells “D Building” (hereinafter “instant officetel”) which is a main complex of six stories underground and forty stories above ground on the ground of Busan Shipping Daegu C, and the Plaintiff is the buyer who entered into a contract for the supply of the instant officetel with the Defendant.

B. On November 23, 2015, the Plaintiff entered into a supply contract with the Defendant for the following terms and conditions (hereinafter “instant supply contract”) with regard to the instant officetel E as sales price of KRW 370,236,600 as to the instant officetel

(B) In the event that the agreed payment date has elapsed due to the delay in the payment of the intermediate payment and the balance, “A” means the defendant, “B” means the plaintiff. The scheduled date of occupancy of the D Building: December 2017 to April 2017 (the scheduled date of actual occupancy shall be later designated and notified) Articles 8 (Additional Fee and Compensation for Delay) (1) of the General Terms and Conditions of the Supply Contracts (the scheduled date of actual occupancy shall be later designated and notified). The "B" shall pay the total of the interest rates on the loans of the intermediate payment bank and the additional interest rates for the overdue period at the time when the agreed payment date has been delayed, and the additional interest rate shall be 8% per annum at the time when the expiration date is less than one month but less than three months, 10% per annum at the time when the lapse date is less than three months, 13% per annum per annum, and 15% per annum at the time of more than six months, and if the amount paid falls short, the buyer shall pay the overdue

In addition, the late payment charge on the fund shall be calculated based on the expiration date of the occupancy designation period.

(2) Where "A" is unable to move into on the scheduled date for occupancy specified in this contract, he/she shall pay the already paid down payment and the intermediate payment, or deduct the penalty for delay from the remaining amount of the supplied money, in accordance with the overdue rate under paragraph (1).

Provided, That where "B" receives an advance payment, it shall be determined by calculating the compensation for delay at the amount after the discount.

(3) “A” shall be defined as “A.”