1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff, a stock company with the purpose of housing construction business, etc., newly constructed a major apartment complex with the 10th and the 5th underground floors above the ground level on the ground level, such as Daejeon Seo-gu B, etc., and obtained approval for use on September 15, 2005.

B. On October 1, 2003, the Plaintiff entered into a sales contract with C to set the sales price of KRW 231,359,000 with respect to the apartment complex of this case (hereinafter “instant apartment”) at KRW 23,136,00 (hereinafter “instant sales contract”), and received down payment from C.

After that, on October 15, 2005, the defendant purchased the right to sell the apartment of this case from C with the consent of the plaintiff and succeeded to the status of the buyer.

C. The main contents of the instant sales contract are as follows.

Article 1 (Methods for Sale and Payment) ② (2) The payment schedule and the amount to be paid (the unit shall be the 00 won deposit) 2 times (03.10.30) 1 (04.4.1) 2 (04.2) 3 (04.1. 1. 04. 1. 2) 4 (05. 1. 1. 1. 23,1361,568 23,136 23, 136 23, 136 23, 13623, 1360, 1365 5 (3) shall apply the average annual interest rate on the loans of banks (the defendant; the same shall apply hereinafter) 1) 5 (1) 4 (04. 1. 1. 1. 1. 1. 1.05) 23, 1368, 1363, 1360, and 975 (1. 5) 5) 1. 5) additional interest rate on loans and late payment (1.

Not more than 29 days: 12.19% per annum, 30 days to 90 days per annum: 15.19% per annum, 91-180 days per annum: 16.19% per annum, and 180 days or more: 17.19% per annum.