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(영문) 서울중앙지방법원 2015.09.04 2015가합544960

기타(금전)

Text

1. As to KRW 145,209,754 out of the amount of KRW 355,536,164 and the above amount to the Plaintiff, the Defendant shall from January 1, 2013 to June 22, 2015.

Reasons

In fact, the Plaintiff entered into a contract for sale in lots with the Defendant on November 9, 2009 with the sale price of KRW 328,180,000 on June 1, 201 and with the price of KRW 328,180 on November 9, 2009, with the additional interest rate of KRW 5.96% on the average credit rate of KRW 1-30 days, 5.96% on 10.96% on 31-96% on 31-90% on 90% on 131-96% on 90% on 90% from 90% on 90% from 11,622,000 on 200 construction price on June 1, 2010.

According to each of the above contracts, the defendant shall pay the remainder of the sale price of KRW 115,80,00 and the remainder of the options construction costs of KRW 9,916,00 and the intermediate payment loans of KRW 115,880 by the expiration date of the occupancy designation period (the plaintiff shall pay the interest by the payment date of the interest payment to which the date of the usage inspection belongs, and the defendant shall make the payment by adding it to the remainder), and the interest rate as follows shall apply in arrears:

The plaintiff notified of the occupancy designation period on October 26, 2012, completed a pre-use inspection on the apartment of this case, and notified the defendant of the occupancy designation period in full and at the same time that he/she will move into the apartment, setting the apartment from November 3, 2012 to December 31, 2012.

Under the instant sales contract, the Plaintiff arranged for the Defendant to borrow an intermediate payment of KRW 195,90,000 from the National Bank Co., Ltd., and paid KRW 19,413,754 in total from May 15, 2010 to November 15, 2012.

Since then, the Defendant did not repay the principal and interest of the loan, the Plaintiff subrogated to the National Bank of Korea for KRW 210,326,410 (=interest 195,900,000,000) on October 10, 2013.

【Based on the facts acknowledged prior to the determination of the purport of the entire pleadings, the Defendant’s remainder of KRW 355,536,164 = The remainder of the purchase price of KRW 115,880,00 for options construction costs plus KRW 9,916,00 for the remainder of KRW 19,413,754.