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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 128,00,000 as well as the interest rate from October 22, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On August 21, 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to purchase five stories of five stories from the Dong-gu Incheon Metropolitan City (hereinafter “instant building”) in KRW 160,00,000 (hereinafter “instant sales contract”).
The main contents of the above sales contract are as follows.
The completion completion date: The completion date of the contract for sale in March 2015 is March 2014, but there is no dispute between the parties as to whether the completion date of the contract for sale in March 2015 is a clerical error or the completion date of the contract for sale in March 20
Article 2 (Devaluation Fee, Arrears Fee, and Compensation for Delay) (In the event of a somewhat change in accordance with the process, she shall pay the late payment charge applying the overdue rate of 20% to the number of delayed days when the payment of the intermediate payment and the balance has been delayed.
Provided, That the overdue rate shall not exceed the overdue rate limit for the general loan of commercial banks.
Applicant A (Defendant Company) shall pay the amount calculated by applying the overdue rate prescribed in paragraph (2) to the payment already paid as compensation for delay or deduct it from the remainder of the payment.
Article 4 (Cancellation of Contract) The plaintiff may cancel this contract when the completion is delayed for more than three months from the date of the original completion of the contract for the reasons attributable to the plaintiff company A (the defendant company) or when the execution of the contract becomes impossible during the contract period, and the Gap shall pay the late payment charge applying the overdue rate as prescribed in Chapter 2, Section 2.
B. According to the instant sales contract, the Plaintiff paid KRW 128,00,000 to the Defendant Company totaling KRW 32 million on August 21, 2014, KRW 48,000 on September 22, 2014, and KRW 128,00,000 on October 21, 2014.
C. The Defendant Company failed to observe the completion date of the instant building, and as the buyers including the Plaintiff resist, C, the president of the Defendant Company, was the chairperson of the said buyer on December 16, 2016.