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The defendant shall pay to the plaintiff KRW 142,040,00 per annum from December 24, 2019 to November 27, 2020, and thereafter 5% per annum.
Reasons
1. Basic facts
A. On October 15, 2018, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant for the “D Building E” (hereinafter “instant commercial buildings”) located in the Namnam-si (hereinafter “instant commercial buildings”).
The main contents of the instant sales contract are as follows.
Article 1 [Method of Payment of Supply Amount] Article 1 (Method of Payment] The "B" (referring to the plaintiff) shall pay the corresponding amount to the account referred to in paragraph (2) of this Article in his name within the due date for payment, and the contractor's name shall be entered at the time of deposit in the account referred to in paragraph (2) of this Article, and the contractor's name shall be entered at the time of deposit in the passbook:
(1) In cases where “B” fails to pay the intermediate payment and the remainder within the agreed period on November 15, 2018, by applying the overdue rate of 142,040,000 won 142,040,040,000 won 142,040,000 won 142,040,000 won on the date of the designation of occupancy on November 15, 2019, and Article 3 [In cases where “B” fails to pay the intermediate payment and the remainder, the late payment shall be made at a discount of 8% per annum 16% per annum (8% within one month, but more than two months and less than two months and less than 12% per two months) to “A”, and where advance payment is made in opposition, the overdue rate of 8% per annum shall be applied.
(2) "A" (referring to the defendant) shall follow the order of satisfaction of claims for the amount of sale in lots received by "B" from "B" in the order of late payment charges, late payment charges, and balance.
Article 4 [Conclusion and Termination of Contracts] (2) “A” may cancel this contract where “B” has committed an act falling under any of the following subparagraphs after peremptory notice:
3. Where an intermediate payment prescribed in Article 1 is not paid once or more, or not paid for two months or more;
4. Where the balance is not paid within two months from the agreed date, the contract may be rescinded by “B” on its own in accordance with the circumstances of “B”.
Provided, That this shall also apply at least once in part.