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(영문) 인천지방법원 2015.11.18 2015가단219121

이자대납금반환등

Text

1. The Defendant’s KRW 32,815,041 as well as the Plaintiff’s annual rate of KRW 6% from June 25, 2014 to April 15, 2015.

Reasons

1. Facts of recognition;

A. On January 13, 2010, the Plaintiff and the Defendant agreed to lend the so-called part payments interest payment loan (the time the Plaintiff paid interest on the part payment loan to the buyer, and the buyer pays the interest payment to the Plaintiff at the time of occupancy) and entered into a contract under which the Defendant bought the apartment B, Seo-gu, Incheon (Sicco construction: Sicco construction; hereinafter “instant apartment”) No. 2804, 4404, Seo-gu, Incheon (hereinafter “instant apartment sales contract”) (hereinafter “instant apartment”). The main contents are as set forth in the supply contract (attached Form).

B. In addition to the 1-2-paid down payment directly contributed pursuant to the instant sales contract, the Defendant paid the 1-6-round intermediate payment by receiving the interest-free loan from the bank based on the agreement to lend the above intermediate payment interest-free loan.

C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.

8. Around July 3, 2014, upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder and part payments agreed upon under the instant sales contract at least twice, but the Defendant failed to comply with the claim, and the said contract was cancelled on behalf of the Plaintiff on the ground of the Defendant’s nonperformance of obligation.

The Plaintiff paid 63,156,827 won (from March 15, 2010 to June 25, 2014, the date of the first intermediate payment loan execution) to the said bank on behalf of the Defendant, a borrower, for the management fee of the instant apartment, KRW 1,475,600 (including late payment charges from August 2013 to June 2014 before the cancellation of the said sales contract after the expiration of the occupancy period; and

E. Meanwhile, when applying a special contract for restitution stipulated under Article 4(3) of the above sales contract, the agreement is interest rateed until June 25, 2014, in which the Plaintiff returned each intermediate payment to the Defendant by subrogation from the date of the Plaintiff’s payment of the first to the sixth intermediate payment to the above bank.