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1. The Defendant: 6% per annum from August 29, 2015 to June 5, 2017, and June 6, 2017, to the Plaintiffs’ KRW 738,400,000, and its amount.
Reasons
1. Facts of recognition;
A. On April 16, 2015, the Plaintiffs concluded a contract to purchase KRW 1,346,00,00 (including value-added tax) of the E-building Nos. 102 and 103 (hereinafter “instant building”) located in Incheon Dong-gu C and D from the Defendant, a corporation engaged in building business, real estate sale, real estate sale, and real estate sale and lease agency business (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows.
The completion completion date: Article 1 (1) of the 2015 (Sales Price) (1) of the Building in this case shall be 1,346,00,000 won (including value added tax), and the Plaintiffs shall pay it at the place designated by the Defendant according to the following payment methods:
(2) On April 15, 2015, April 17, 2015, when the payment date and the amount divided into the first intermediate payment, the payment date of the second intermediate payment is 146,000,000 won paid on April 17, 2015, 392,40,000 won paid on the date of the designation of the occupant deposit, 807,600,000 won, and 2 (2) (i) the Plaintiffs shall pay late payment charges applying the overdue rate of 20% to the number of delayed days when the payment of the intermediate payment and the remainder is delayed.
Provided, That the overdue rate shall not exceed the overdue rate limit for the general loan of commercial banks.
(4) If the scheduled completion date of the instant contract has been delayed, the Defendant shall pay the amount calculated by applying the overdue rate set forth in Paragraph (2) to the payment already paid as compensation for delay or deduct it from the remaining payment.
Article 4 (Cancellation of Contract) (3) The Plaintiffs may cancel this contract when the completion of construction has been delayed for more than three months from the date of the original completion of the construction works or when the Defendant becomes unable to perform his/her contract during the contract period due to a cause attributable to the Defendant, and the Defendant stated Article 2 (2) (Evidence A) as “Article 2(2)” but appears to be a clerical error as “Article 2(2).”
the rate of arrears set forth in the section.