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(영문) 의정부지방법원고양지원 2016.12.21 2016가단81792

양수금

Text

1. As to KRW 189,31,195 and KRW 110,00,00 among them, the Defendant shall pay to the Plaintiff the year from April 4, 2016 to April 29, 2016.

Reasons

1. The Dogz Co., Ltd. (hereinafter “Dogz”) is a contractor who newly built and sold apartment B (hereinafter “the apartment of this case”) in Yongsan-gu, Busan Metropolitan City. The new Dong-dong Construction Co., Ltd. (hereinafter “Dagdong Construction”) entered into a contract for the new apartment of this case with Dgrts and the new apartment of this case and newly built the apartment of this case.

On February 14, 2008, the Defendant concluded a sales contract for 411 and 605 of the instant apartment among the instant apartment units (hereinafter “instant sales contract”). In the event that the Defendant received an intermediate payment, drts agreed to pay interest on the day immediately before the occupancy commencement date.

On April 15, 2010, the Defendant entered into an agreement on loan transaction for intermediate payment of KRW 110,000 with the Seoul Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) (hereinafter “instant loan agreement”). At the time of the instant loan agreement, the Seoul Agricultural Cooperative decided to pay the above loan to the Defendant’s intermediate payment payment payment payment payment payment date by directly depositing it into the account of drtse and Newdong Construction, and paid the above loan directly to drts. The drtststs paid the interest of the loan under the instant loan agreement to the Seoul Agricultural Cooperative up to March 30, 201 in accordance with the interest rate set by the Seoul Agricultural Cooperative Co., Ltd. (hereinafter “Seoul Agricultural Cooperative”): on September 30, 2013, the Seoul Agricultural Cooperative transferred the loan to the Plaintiff; and around that time, the Defendant suspended payment of the loan to the Defendant; on March 13, 2013; on September 30, 2013, the Defendant lost the Plaintiff’s interest on the loan of KRW 10130.4.

On December 2013, the Plaintiff concluded the instant sales contract against the Defendant in subrogation of Dlimts.