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1. As to the Plaintiff KRW 12,272,810 and its KRW 5,925,90 among them, the Defendant shall start January 16, 2005, and the remainder 6,346.
Reasons
1. Basic facts
A. On November 28, 2003, the Plaintiff entered into a sales contract with the Defendant on the sales price of KRW 59,754,250 (including value-added tax) among C commercial buildings located in Eunpyeong-gu Seoul (hereinafter “instant sales contract”).
B. The Plaintiff agreed to receive the sales price from the Defendant in accordance with the instant sales contract. The Defendant did not pay to the Plaintiff the remainder of KRW 5,925,90 and the remainder of KRW 5,925,90, which was paid to the Plaintiff on January 29, 2005, among the seven intermediate payments.
C. Article 5(2) of the instant sales contract provides that “B (referring to the defendant who is a buyer) shall pay late payment fees calculated by applying 18% per annum to the number of delayed days when the payment of the intermediate payment and the balance is delayed, and if the amount of payment falls short of the amount, the late payment shall be appropriated in the order of late payment, intermediate payment, and the balance.” Article 10(2) of the instant sales contract provides that “A (referring to the plaintiff who is a buyer) shall deliver documents necessary for the transfer of ownership after paying the balance to B, and shall bear various taxes, public charges, and expenses incurred therefor.”
The above C Commercial Building, including the instant commercial building, was completed after obtaining approval for use on August 3, 2005.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, the defendant's payment of KRW 12,272,810, total of KRW 5,925,90 and total of KRW 6,346,910, and total of KRW 6,910, and the unpaid KRW 5,925,90, and the unpaid intermediate payment of KRW 5,925,90, pursuant to the sales contract in this case, from January 16, 2005, which is the day following the date of payment of the contract, as to KRW 6,346,910, which is the date of payment of the contract, and from August 3, 2005, as to KRW 6,346,910, which is the date of payment of the contract.