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(영문) 서울서부지방법원 2020.01.15 2019가합37472

청구이의

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1. Of the instant lawsuit, the Seoul Western District Court 201Kahap2623 claim against the Plaintiff of the Defendant Company B.

Reasons

1. Basic facts

A. 1) Defendant B Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant B”) before and after the alteration.

F apartment constructed in Suwon-gu E (hereinafter referred to as “F apartment”)

(G) is the contractor and corporation G (hereinafter referred to as “G”).

(2) On August 11, 2009, the Plaintiff concluded a sales contract with respect to H units (hereinafter “instant apartment”) among G and F apartment units (hereinafter “instant apartment”). Of the sales price, the Plaintiff decided to pay the remainder after paying the down payment at the time of the contract, and the intermediate payment excluding the down payment and the remainder, in six installments.

3) The Plaintiff is a corporation I (hereinafter “I”) for the payment of intermediate payment for the instant sales contract.

2) The loan agreement with the Corporation (hereinafter “instant loan agreement”).

(B) From September 1, 2009 to March 29, 2010, I loaned KRW 304,200,000 from I to March 29, 201, and Defendant B jointly and severally guaranteed the Plaintiff’s obligation of loans to I. (b) Defendant B’s subrogation on behalf of the Plaintiff is the obligation of loans worth KRW 304,20,000 under the instant loan agreement (hereinafter “instant loan obligation”).

(C) Defendant B, including the Plaintiff, filed a lawsuit claiming indemnity amount against the buyer of F apartment housing who subrogated for the debt by Defendant B, with Seoul Western District Court 201Gahap2623, Nov. 30, 2010.

(hereinafter “Prior Litigation”). The court of the first instance of the second instance of the instant case is the amount calculated on February 17, 2012 by the Defendant A (Plaintiff) at the rate of 6% per annum from November 30, 2010 to February 17, 2012, and 20% per annum from the next day to the date of full payment.