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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from May 19, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On August 20, 2007, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with 99,7550,000 won (including value-added tax; hereinafter the same shall apply) among the building C (hereinafter “instant commercial building”) at the time of sales sold by B from B (hereinafter “B”) and paid 10% of the sales price as the down payment.
B. On September 11, 2007, the Defendant and B agreed to pay KRW 9,9510,000 as the first intermediate payment, KRW 149,265,000 as the second intermediate payment, KRW 9,9510,00 as the third intermediate payment on October 11, 2007, and KRW 9,9510,00 as the remainder on the designated date. The first intermediate payment received a loan from the Glomon Mutual Savings Bank (hereinafter “instant Savings Bank”) and the second intermediate payment from the new bank.
C. Around December 2007, the Plaintiff (Seoul High School Co., Ltd.) entered into a collateral guarantee agreement with the savings bank of this case on the part of the buyers of the commercial building of this case with all of the buyers of the commercial building of KRW 6,502,925,00 with the credit limit of KRW 6,50,00 with respect to the part payment loan obligations of buyers. The Plaintiff subrogated to the savings bank of this case of this case of KRW 9,9510,000 with the Plaintiff’s loan amount of KRW 9,9510,00 and interest or overdue interest from February 28, 2009 to March 16, 2009 to KRW 102,143,525 with respect to the interest or overdue interest from February 28, 2009 to March 16, 209.
The Defendant transferred the right and duty to the instant store to D on April 17, 2009, and D completed the registration of ownership transfer with respect to the instant store on April 24, 2009, and received loans from the National Bank KRW 250 million from the National Bank after completing the registration of ownership transfer with respect to the instant store.
D The second part of the intermediate payment of KRW 149,265,00 against the said money was repaid to the new bank, and the remaining money was intended to repay the first part of the intermediate payment of KRW 9,9510,00 to the savings bank of this case.