대여금 등
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.
1. Facts of recognition;
A. On June 22, 2009, the Defendant and B agreed to enter into a supply contract that provides for KRW 829,900,000 of the total supply price (hereinafter “instant supply contract”) with respect to the apartment 402-dong 301 (hereinafter “instant apartment”) from the same Land Co., Ltd., the executor company (hereinafter “instant apartment”), and paid KRW 41,495,000 for one intermediate payment of KRW 248,970,00 for one intermediate payment of KRW 248,970 on June 29, 2009; the second intermediate payment of KRW 82,90,00 for two intermediate payments of KRW 82,90 on July 29, 200; the third intermediate payment of KRW 82,90,000 on September 28, 2009; and each of the intermediate payments of KRW 829,90,000 on May 29, 200.
In addition, the defendant and B paid the down payment of KRW 41,495,000 to the same subcontractor as the contract date.
B. On August 14, 2009, the Defendant and B entered into a loan agreement (hereinafter “Plaintiff”) with the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) for the payment of intermediate payment of the instant supply contract: A loan agreement (hereinafter “instant loan agreement”) to apply additional 10% in the event that the overdue period is less than 1 month, 8% in the event that the overdue period is less than 1 month, 9% in the event that the overdue period is less than 1 month, and 10% in the event that the overdue period is less than 3 months, 49,940,00 won in the household general fund, loan amount: (a) interest rate: (b) the fluctuation rate under Article 3(2)2 of the General Terms and Conditions for Credit Transactions (hereinafter “the instant loan agreement”); (c) the delay rate: (d) the minimum rate of 14% per annum, 19% per annum, 19% in the event that the overdue period is less than 3 months, and (d) the debtor signing and signing agreement.
C. According to the loan agreement of this case, the Plaintiff and the Defendant B were to pay KRW 31,960,000 on August 31, 2009 and the same year.
9. On December 28, 200 and December 28, 201, loans of KRW 82,990,00 in total, KRW 497,940,00 have been executed, and the Defendant and B continued to pay interest by September 5, 201, and the principal of the loan has also been discontinued.