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(영문) 의정부지방법원고양지원 2016.11.30 2016가단81730

양수금

Text

1. As to KRW 189,359,172 and KRW 110,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 189,359,172 from April 4, 2016 to April 25, 2016.

Reasons

1. The Dogz Co., Ltd. (hereinafter “Dogz”) is a contractor who newly constructed and sold the apartment house C (hereinafter “the apartment of this case”) located in Yongsan-gu, Yongsan-gu, Seoyang-si. The Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”) entered into a contract for the new apartment of this case with the Dogz and the new apartment of this case, and newly constructed the apartment of this case.

On April 2010, the Defendant concluded a sales contract (hereinafter “instant sales contract”) on 411 Dong 1605 of the instant apartment among the instant apartment units with Drhz, and agreed to bear the interest accrued until the day immediately before the occupancy commencement date when the Defendant received part payments.

On April 15, 2010, the Defendant entered into a loan transaction agreement with the Seoul UFFFC (hereinafter referred to as the “Seoul UFFFFC”) for the use of intermediate payment of KRW 110,000,000 (hereinafter referred to as the “instant loan agreement”); the period of loan was from April 15, 2010 to April 15, 2040; the interest rate was changed; the CD profit rate was 2.25%) and Drhz jointly and severally guaranteed the Defendant’s obligation under the instant loan agreement.

At the time of the instant loan agreement, Seoul UFF decided to implement the loan by directly depositing the above loan in the accounts of Drhz and New East Ahye Construction on the date of the Defendant’s intermediate payment. Accordingly, the above loan was directly paid to Drhz.

Dratts paid interest on loans under the loan agreement of this case to Seoul UFF on March 30, 201 in accordance with the interest rate fixed by the Seoul UFFC, and thereafter the Defendant paid interest by September 29, 2013.

The suspension was interrupted.

On September 30, 2013, the Seoul UFF agricultural bank transferred its claims against the Defendant to the Plaintiff and notified the Defendant of its difficulty.

After that, the payment of interest is suspended, and the defendant has a deadline for the obligation to pay loans under the loan agreement of this case on December 3, 2013.