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1. Of the judgment of the court of first instance, the part against the Defendant ordering payment exceeding KRW 25,113,308 to the Plaintiff.
Reasons
1. Basic facts
A. (i) the conclusion of the instant instant contract for the sales of officetels, Co-Defendant 1, Ltd., Ltd. (hereinafter “SMWD”), is an executor of the construction work of “TtelD” (hereinafter “instant officetel”), the Co-Defendant 1, Korea Urban Development Corporation (hereinafter “Korea Urban Development Corporation”) is the contractor of the said construction work, and the Korea Asset Trust Co-Defendant 2, Ltd. (hereinafter “Korea Asset Trust”) is the trustee under a trust agreement entered into with IMWD, and the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) is a financial institution in charge of an intermediate payment loan as first beneficiary and part-time payment under the said trust agreement.
Sheb filed a report on the commencement of the instant officetel with the Yeongdeungpo-gu Seoul Office on July 26, 2004, and the Korea Urban Development commenced the instant officetel construction from around that time.
Article 304,051,00 won for the sales of the instant officetel (hereinafter “instant sales building”) between the Defendant and the Defendant on December 1, 2004 (hereinafter “instant sales contract”) (i.e., the sales contract between the Defendant and the remainder of KRW 15,203,00 for the intermediate payment of KRW 15,203,00 for each of the 15,205,000 for the intermediate payment of KRW 121,621,00 for each of the 30,400 for the remainder of KRW 121,621,00 for each of the 1,200s). The main contents are as follows.
The scheduled date of occupancy: 23 months after the commencement of the project (the scheduled date of occupancy may be somewhat changed according to the process, and the accurate date may later be the individual notice key), Article 2 (Payment of Purchase Price)
4. The intermediate payment loan shall be applied only to the banks designated by “A” (M&D), and the interest on the intermediate payment shall be borne by “A” before the date of first designation of occupancy, and shall be borne by “B” (Defendant) regardless of occupancy after the date of first designation of occupancy.
Article 5 (Premium Fees, Overdue Charges, and Compensation for Delay)
2. “B” shall be from the date following the agreed date to the actual payment date when the agreed payment date has elapsed due to the delay in the payment of the intermediate payment and the balance.