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1. The Defendant’s KRW 50,291,541 as well as the Plaintiff’s annual rate from November 1, 2014 to August 30, 2016.
Reasons
1. Basic facts
A. On March 6, 2009, the Plaintiff entered into a sales contract with the Defendant to sell C apartment 1905, 1901, 1901 (hereinafter “instant apartment”) within the Seo-gu Incheon District in total amount of KRW 451,270,00 (hereinafter “instant sales contract”) and received KRW 22,563,500 from the Defendant on the same day the first down payment and KRW 22,563,500 on the same day on July 2, 2009.
B. The main contents of the instant sales contract are as follows.
Article 2. The payment method for the purchase price of goods and the intermediate payment is made by the “B” from a financial institution designated by the “B”, and the loan interest accrued from the date of the intermediate payment loan and the intermediate payment is paid by the “B” shall be paid by the “B” for the loan interest during the period immediately preceding the first day of the occupancy designation period designated by the “A”. The loan interest interest accrued from the intermediate payment shall be paid by the “B” directly to the lending financial institution.
(v) “B” shall be repaid to “A” in accordance with paragraph (4) of this Article within the period of occupancy designation designated by “A” in accordance with the contract for sale and purchase, and if the amount is not repaid within the prescribed period, Article 7(1) of the Act shall apply.
(hereinafter referred to as "A" may terminate this contract even after the peremptory notice is given when "B" commits any of the following acts:
(2) Where the balance is not paid within three months from the date of the agreement (the date of termination of the designation of occupancy) (3) where the “B” has not paid the interest on the part of the intermediate payment he/she has paid pursuant to Article 2(1) and Article 4(1) (the date of termination of the designation of occupancy), the penalty for penalty for penalty for penalty for penalty for penalty for penalty for negligence shall be paid to “A” when the contract is terminated on the grounds falling under Article 3(1) and 3(2).
In such cases, penalty shall be referred to as "B".