A. On March 13, 2009, the Defendant concluded a sales contract under the terms of the sale price 465,000,000 won for an apartment sold by the Korea Development Bank in lots, the scheduled date of occupancy (in the event of a change after delay), August 2009 for the interest payment on loans out of the sale price (the interest accrued before the first designation date of occupancy from the date of the loan to the first designation date shall be borne by the executor, and the payment terms of interest paid by the executor at the time of the remainder payment).

B. After that, on April 5, 2010, the Defendant entered into the 6th intermediate payment loan agreement with the Plaintiff, which entered into the loan agreement with the said Si event and the intermediate payment loan agreement (hereinafter “instant loan agreement”), with the Plaintiff, at the rate of 46,50,000 won per annum, 8.5% per annum, overdue interest rate of 24% per annum, and at the maturity of July 5, 2011 (hereinafter “instant loan agreement”).

C. Meanwhile, the new apartment building construction company that the Defendant purchased in lots was not normally completed due to the financial difficulties of the city construction around August 2009, which is the scheduled date of occupancy. On November 12, 2010, the apartment building construction company was designated from a housing sale guarantee company.

The remainder of the principal and interest under the instant loan agreement is KRW 81,765,652 as of May 13, 2015, including the principal amount of KRW 46,50,00, overdue interest of KRW 29,964,845, and provisional payment of KRW 5,300,80.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, 5, Eul's 3, and the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the remaining principal and interest under the loan agreement of this case and delay damages for the principal amount of KRW 46,500,000 among them, unless there are special circumstances.

B. First of all, the Defendant asserts that the instant loan contract was for the purpose of the intermediate payment loan and was paid by the executor prior to the completion of construction, and that since the said apartment contract was not completed, the Defendant, who was the seller, is not obliged to pay the intermediate payment and did not lose the due interest, and thus, the Plaintiff cannot claim the principal and interest of the obligation.