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1. The Defendant’s KRW 129,739,631 and KRW 110,212,00 among the Plaintiff and the Plaintiff’s KRW 129,739,631 annually from January 1, 2013 to June 15, 2016.
Reasons
1. Basic facts
A. (1) The Plaintiff concluded a sales contract with the Defendant on November 5, 2009 with respect to the sale price of KRW 331,540,000 with respect to the Jung-gu Incheon apartment unit 109, 3101 (hereinafter “instant apartment unit”) newly constructed by the Plaintiff (hereinafter “instant sales contract”).
(2) The Defendant paid the Plaintiff the down payment of KRW 32,990,000 on the date of concluding the instant sales contract, and thereafter, the intermediate payment was paid on six occasions, and the remainder was agreed to be paid on the date of designating occupancy as determined by the Plaintiff.
The Defendant’s payment period for intermediate payments, remainders, and each of the payments stated in the instant sales contract shall be KRW 32,90,000 (total KRW 197,940,000) as of the date of the designation of occupancy on December 15, 2015, 201, respectively, on September 15, 2015, 201, as follows: (a) Defendant’s first intermediate payment of KRW 100,610,000 (total KRW 197,940,000) for the first intermediate payment of KRW 5th intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second part of the second intermediate
(3) In addition, on June 5, 2010, the Defendant entered into a balcony expansion option contract (hereinafter “instant options contract”) with the Plaintiff and the down payment of KRW 2,400,000 on June 11, 201 to pay the remainder of KRW 9,602,00 to the date of designation of occupancy, and paid the said down payment to the Plaintiff.
(4) When entering into the instant sales contract and the instant options contract, the Defendant agreed to pay damages for delay by applying the following delayed interest rates in the event that the payment of the sales price and the balance of the options construction cost is overdue.
Additional Interest Rate (A) The Deposit Bank's Average Credit Interest Rate (B) 5.96% on 1 to 30 days in arrears (AB) 5.96% on 31 to 90% 8.96% on 31 to 90% 13.96% on 91 to 180% on 14.96% on 91 to 181 days, but 10% on 15.96% on 181 days.
B. In the instant sales contract, the Plaintiff agreed to arrange the Defendant to receive an intermediate payment loan and to pay interest on the part payment in advance on the condition that the intermediate payment is settled later, and the Defendant agreed to pay in advance until the date of use inspection.