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(영문) 서울남부지방법원 2018.10.30 2017가단203118

양수금

Text

1. The defendant shall pay KRW 134,095,860 to the intervenor succeeding to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On May 4, 2009, the Defendant sold B apartment units 315 Dong 1201 and 315 Dong 1201, 200, 315, 315, 1201, 202, 200,000,000,000,000 won

(C) On April 17, 2009, the Defendant entered into a loan transaction agreement with the new bank on May 29, 2009 to apply a minimum of 16% (21% (hereinafter “the interest rate on loans”) to 323,360,000 won from the new bank on February 28, 2011 for the purpose of preparing intermediate payment. The loan interest rate on February 28, 201, the loan interest rate on February 28, 201, the loan interest rate on February 28, 201, the loan interest rate on March 3, 200, and the CD 2.8% (hereinafter “the interest rate on loans”). The damages for delay plus 9% of the interest

(2) The loan contract of this case provides that the loan contract of this case provides that the loan of this case shall be extended within 10 days after the due date for the extended loan of this case and the due date for the extended loan of this case shall be extended and the due date for the extended loan of this case shall be extended and the due date for the extended loan of this case shall be extended and the due date for the repayment of this case shall be changed.

On the other hand, the defendant agreed that the above loans are paid to the executor or the contractor.

Accordingly, a new bank paid a loan to the defendant in lieu of an intermediate payment to be paid by the defendant.

B. Meanwhile, C and petitioner construction agreed to pay the interest of the instant loan at the time of sales contract on behalf of the petitioner by the date prior to the first day of the designation of the occupancy of the instant apartment.

The interest on the Defendant’s instant loans was paid until December 30, 201 by petition construction, etc.

C. The sales contract of this case is out of the above sales price.