구상금
1. The Defendant’s KRW 216,907,767 and KRW 213,964,77 among the Plaintiff and the Plaintiff’s KRW 213,964,77, respectively, shall be from December 21, 2013 to August 31, 2015.
1. The judgment of the plaintiff as to the cause of the claim does not clearly dispute the facts of the defendant as stated in the separate sheet, and even if it is not so, the facts recorded in the separate sheet can be acknowledged in light of the whole purport of the pleadings in the separate sheet Nos. 1 and 4 (including serial evidence).
Therefore, barring special circumstances, the defendant is obligated to pay the money stated in the Disposition 1 to the plaintiff.
2. Judgment on the defendant's assertion
A. Each housing finance credit guarantee agreement concluded between the Defendant’s summary of assertion and the Defendant is concluded between the Defendant and the Defendant regarding part payments collective loans by receiving B apartment houses supplied by Dong Housing Construction Co., Ltd. (hereinafter “Dong Housing Construction”).
However, according to the Agreement on Group Loan Business between the Housing Construction and the Korean Bank and the Plaintiff, the Plaintiff is obligated to comprehensively liquidate the obligations and obligations between the Plaintiff, the Defendant and the Dong Housing by requesting the cancellation of the apartment sale contract on the Housing Construction for the Defendant who is a long-term occupant, and by receiving the repayment of the sales price already paid from the Dong Housing Construction.
In addition, the defendant filed a lawsuit against the Dong Housing Construction on July 12, 2016 to seek the return of the down payment for the apartment sale contract, and expressed his/her intention to cancel the apartment sale contract he/she bought in lots. As such, the plaintiff has a duty to comprehensively liquidate the obligation between the defendant and Dong Housing Construction.
Therefore, the plaintiff cannot claim the above amount of compensation to the defendant.
B. The evidence presented by the Defendant alone that the Plaintiff is obligated to exercise the right of rescission for the sale contract for the housing construction for the Defendant.
The apartment housing sales contract between the defendant and the defendant is indivisible with each of the above housing finance credit guarantee agreements between the plaintiff and the defendant.