1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

1. Basic facts

A. On February 4, 2010, the Plaintiff entered into the instant sales contract with the Defendant on the supply of main apartment (hereinafter “instant apartment”) 103 1004 dong 1004 from Busan Shipping Daegu and 51,00,000 won (hereinafter “instant apartment”) and paid the down payment and intermediate payment in total.

Of the sales contract of this case, the following parts are applicable to this case.

The scheduled date of occupancy: Article 5 (Devaluation Fees, Overdue Charges, and Compensation for Delays) of the Act on October 2012 (if any change is made in the number of days of the contract, then the plaintiff delayed the payment of the intermediate payment and the balance, and the date of the contract has expired due to the delay in the payment of the intermediate payment and the balance, the sum of the weighted average credit rates of deposit banks (5.70% per annum) announced by the Bank of Korea at the time of entering into the supply contract for the number of days of the expiration of the contract and the interest rate for arrears calculated by applying the overdue interest rate for each overdue period set forth in the highest bank (based on the contract date) at the highest

Provided, That where the planned schedule of the part payment is considerably delayed, the defendant and the plaintiff may adjust the part payment schedule through consultation.

Under the overdue interest rate of less than one month: 11.99% per annum (hereinafter omitted) ? the defendant shall pay a delay compensation to the plaintiff in accordance with the overdue interest rate set forth in paragraph (2) or deduct the remaining amount from the overdue interest rate, if the defendant is unable to move in on the expected date of occupancy set forth in the main sentence of this contract.

Where construction is delayed due to force majeure, such as natural disasters or administrative orders, which are not attributable to the defendant, the defendant shall notify the plaintiff thereof, and in such cases, the delay compensation prescribed in paragraph (3) shall not be paid.

B. On November 1, 2012, the Defendant directed the Plaintiff on November 17, 2012 as “the period for designating occupancy” from January 17 to January 16, 2013 (2 months).