대여금등
1. The defendant shall pay to the plaintiff KRW 208,873,881 as well as KRW 199,470,00 among them, from November 13, 2018 to the date of full payment.
1. The facts stated in the attached Form of the judgment on the cause of the claim do not conflict between the parties.
The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 8.5% per annum from November 13, 2018 to the date of full payment with respect to the principal and interest of 208,873,881 won and the principal of the loan of 199,470,000 won.
2. Judgment on the defendant's assertion
A. The Plaintiff’s loan to the Defendant is a collective loan extended to the Defendant for the purpose of Category D accommodation ( Hotel) E located in Jeju, a corporation Co., Ltd. (hereinafter “Executor”) sold to the Defendant (hereinafter “instant hotel”).
The business agreement for collective loans between the Si and Si, and the Plaintiff (hereinafter referred to as the “this case’s business agreement”) is concluded, and accordingly the executor received direct payment from the Plaintiff of the sales contract concluded with the Defendant.
Since the contract for sale has been cancelled due to the reasons attributable to the subsequent event, the defendant acquired the claim for the return of the sale price to the executor.
① According to the instant Work Convention, in the event that the sales contract is rescinded, the executor directly pays the intermediate payment loan to the Plaintiff on behalf of the buyers including the Defendant (hereinafter “contract for a third party”); ② the Defendant also transferred the claim for the refund of the sales price to the executor; ③ the Plaintiff’s disposal of the hotel by public sale to collect the intermediate payment, etc., the executor shall pay the Plaintiff the instant loan and the Defendant shall not be obliged to pay it to the Plaintiff.
B. Considering the following circumstances, the Defendant’s assertion is without merit.
First, the present Work Convention is enforced even if the contract for sale is cancelled and terminated with the contents that facilitates the payment of part payments by the buyer including the defendant and the buyer, and faithfully provides the plaintiff's security by guaranteeing the defendant's obligation to repay the principal and interest of part payments to the plaintiff.