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(영문) 의정부지방법원고양지원 2016.11.18 2016가단81785

양수금

Text

1. The Defendant’s annual interest in KRW 190,603,770 and KRW 111,80,000 among the Plaintiff, from April 4, 2016 to April 29, 2016.

Reasons

1. Basic facts

A. The non-party Dratts Co., Ltd. (hereinafter “Dratts”) that entered into a contract for sale in lots is the implementer of the apartment apartment B (hereinafter “instant apartment”) in Yongsan-gu, Yongsan-gu (hereinafter “instant apartment”), and the new East Asian Construction Co., Ltd. (hereinafter “new East Construction”) is the contractor.

Dlimz entered into a sales contract with the defendant around 2008, selling 411-dong 903 of the apartment of this case at KRW 559,00,000.

Under the above sales contract, when the defendant receives part payments, the dratts agreed to bear the interest on the day before the beginning date of the occupancy.

B. The Plaintiff entered into a loan agreement to the prospective occupants of the instant apartment to implement an intermediate payment loan out of the sales price and deposit the loan into the account designated by Drhz’s account between Dr.

(2) The Defendant, in accordance with the guidance of Dlimz pursuant to the above loan agreement, agreed to receive the intermediate payment of the instant apartment from the Songpa Nonghyup, stated in the loan transaction agreement "11,80,000 won" as the Defendant's name and address, and the loan amount column "11,80,000 won" in the loan transaction agreement, and issued a loan transaction agreement with the remainder of the column to Dlimz, and Dlimz jointly and severally guaranteed the Defendant's obligation under the loan agreement.

(3) In accordance with the above loan agreement, the Plaintiff carried out a loan worth KRW 111,80,000, and deposited the loan in the account designated by Drhz.

C. On March 18, 2011, Dlimz notified of the payment of interest on Dlimz and the date of commencement of occupancy to the buyers of the apartment of this case, including the Defendant, on March 31, 2011, notified the buyer of the date of commencement of occupancy, and the buyer of the intermediate payment incurred on March 31, 201, to be directly responsible for the buyer of the intermediate payment from March 31, 201. The instant case is subject to the change rate determined by the Plaintiff until March 30, 2011.