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(영문) 서울중앙지방법원 2015.09.25 2015가합543431

기타(금전)

Text

1. As to KRW 139,473,048 out of the amount of KRW 321,259,956 and the above amount, the Defendant shall pay to the Plaintiff KRW 139,473,048 from January 1, 2013 to January 30, 2013.

Reasons

In fact, the Plaintiff entered into a contract for sale in lots and the contract for options construction with the Defendant for sale in lots with 324,810,000 won on March 24, 2010 and for sale in lots with 324,810,000 won on May 29, 201 and for sale in lots with 11,62,00 won on May 29, 2010, with 11,622,000 won for construction work of balcony 10,62,000 won.

According to each of the above contracts, the defendant shall pay the remainder of the sale price of KRW 114,650,00 and the balance of the options construction costs of KRW 9,302,00 and the intermediate payment loans of KRW 114,650 by the expiration date of the occupancy designation period (the plaintiff paid interest by the date of the usage inspection on behalf of the plaintiff, and the defendant paid it by adding it to the balance), and the interest rate for delay as follows shall apply at the time of delinquency:

The plaintiff notified of the occupancy designation period on October 26, 2012, completed a pre-use inspection on the apartment of this case, and notified the defendant of the occupancy designation period in full and at the same time that he/she will move into the apartment, setting the apartment from November 3, 2012 to December 31, 2012.

Under the instant sales contract, the Plaintiff mediated the Defendant to borrow an intermediate payment of KRW 170,120,000 from the Korea Exchange Bank, and paid the interest totaling KRW 15,521,048 from January 15, 201 to November 15, 2012.

Since then, the Defendant did not repay the principal and interest of the loan, the Plaintiff subrogated the Korea Exchange Bank to KRW 181,786,908 (=interest of KRW 170,120,000 at KRW 11,66,908) on February 6, 2014.

【The facts acknowledged prior to the determination of the overall purport of the arguments and the statements stated in the Evidence Nos. 1 through 6, the Defendant’s payment of KRW 321,259,956 to the Plaintiff (i.e., the remainder of KRW 114,650,00 for options construction costs of KRW 9,302,00 for the remainder of the purchase price and KRW 15,521,048 for the substitute payment of KRW 181,786,90 for the substitute payment of KRW 15,52,00 for the Plaintiff).