양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is an executor who newly constructs and sells apartment B (hereinafter “instant apartment”) in Yongsan-gu, Busan Metropolitan City.
The defendant is a buyer who has concluded a sales contract for the apartment of this case between Drhz and Drhz in 2008.
B. On January 14, 201, the Defendant loaned KRW 119,800,000 (hereinafter “instant loans”) from the Youngdong Agricultural Cooperative (hereinafter “YAF”) around January 14, 201 in order to pay the intermediate payment of the instant apartment.
The loan maturity date: The interest rate on April 13, 2040: 2.25% per annum on changed CD profit rate - The overdue interest rate is less than one month: Article 5(3) of the Debtor Loan Interest Agreement (Evidence 1) on Loan and Loan Transactions (Evidence 1) states that the "debtor Loan Interest Rate" refers to the "average interest rate immediately before the delay."
6% per annum - Not less than one month but less than three months: debtor loan interest rate 7% per annum - Not less than three months in arrears: 9% per annum on debtor loan interest rate.
C. The Defendant was unable to pay interest on the instant loan to Young-dong Agricultural Cooperatives, thereby losing the benefit of time on July 1, 201.
The interest rate before arrears was 5.65% per annum.
(see Evidence A 2). D.
On September 30, 2013, Young-dong Agricultural Cooperative transferred the claim for the instant loan to the Plaintiff and notified the Defendant of the fact.
On December 16, 2013, the Plaintiff notified the Defendant of the cancellation of the sales contract concluded between Dratts and the Defendant in subrogation of Dratts.
E. As of April 3, 2016, the principal and interest of the instant loan is KRW 204,756,268 (= Principal KRW 119,80,000 and damages for delay).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant shall make the plaintiff a total sum of the principal and interest of the loan of this case.