1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 15, 2005, the Plaintiff entered into a sales contract with the Defendant on the sales price of KRW 282,000,000 for the instant commercial building owned by the Defendant, and KRW 28,200,00 for the intermediate payment of KRW 100,000 for the same day and the intermediate payment of KRW 100,000 for each payment within three days from the date of concluding the contract. The Plaintiff paid the Defendant the down payment of KRW 28,200,00 for the same day.

B. On September 16, 2005, the Plaintiff paid the Defendant the first intermediate payment of KRW 100,000,000,000, the Plaintiff drafted a new sales contract with the Defendant stating the following (hereinafter “instant sales contract”) and certified the said sales contract:

On September 16, 2005, the date of the second payment of the intermediate payment of the former part of the intermediate payment, which was the date of the contract for sale in lots, where the plaintiff pays the intermediate payment to the defendant after the expiration of the agreed date, the late payment charges applying the overdue interest rate of the bank as of the number of days in arrears shall be additionally paid to the defendant. The late payment charges for the remainder shall be deducted from the remainder calculated by calculating the late payment charges under Article 100,000,000 on the designated date of occupancy in lots, and 53,80,000,000,000 on December 30, 2005.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion against the defendant.