A. The fact of recognition is a buyer who has concluded a sales contract with respect to sales facilities D103 of the Yeonsu-gu Incheon Metropolitan City building B, which was executed by the non-party SDR Co., Ltd. (hereinafter referred to as the "non-party company").

The plaintiff is a financial institution that entered into an agreement with the project undertaker of the sales building, including the non-party company, on the business of collective payments loans, and extended part payments to the buyers including the defendant.

On December 10, 2009 and June 10, 2010, the Defendant borrowed 244,404,000 won (the agreed interest rate: 1.5% of the base interest rate for three months (MR)) from the Plaintiff under the Labor Guarantee of Non-Party Company.

However, the accumulated overdue interest (14.05% overdue interest rate from March 1, 2015 to March 1, 2016) from March 1, 2016, as the Defendant lost the benefit of time on January 3, 2012, reaches KRW 150,310,858.

[Ground for Recognition: Facts without a partial dispute, entry in Gap 1 through 4]

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 394,714,858 (244,404,000 won and KRW 150,310,858) and the loan principal of KRW 244,404,00 from March 2, 2016 following the above base date until April 7, 2016, the service date of the original copy of the instant payment order, from March 2, 2016 to April 7, 2016, with 14.05% per annum and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(2) As to this, the Defendant’s loan agreement between the original Defendant is incorporated into the contents of the above building sale agreement, so if the above loan agreement is cancelled, the above loan agreement becomes null and void naturally, and the Defendant’s obligation to lend to the Plaintiff is extinguished, or if the Defendant loses the benefit of time according to the purport of the business agreement as the so-called “contract for a third party” and the establishment of the conditional payment agreement, the business proprietor is liable to pay the Plaintiff a direct loan.