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1. As to KRW 156,651,679 and KRW 91,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 14,00 per annum from April 4, 2016 to April 28, 2016.
Reasons
1. Basic facts
A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is an executor who newly constructed and sold an apartment unit B in Yongsan-gu, Busan Metropolitan City. C Co., Ltd. (hereinafter “C”) is a contractor who entered into a contract with Dlimz for the new construction of the apartment unit B and newly built the apartment unit.
Article 3 (Provision of Loans) (1) The Nonghyup shall grant the lending limit to part payments pursuant to this Convention to persons deemed eligible for loans by Nonghyup among prospective occupants separately notified from drats.
(2) The agricultural cooperative shall deposit the amount into a deposit account designated by the dratz by implementing a loan within the limit of loans agreed with a prospective resident at the date determined by the drat and prospective occupants.
Article 4 (Cooperation in Recovery of Claims by Nonghyup and Agricultural Cooperatives) (1) In the event that the Agricultural Cooperative claims for the repayment of loans to prospective occupants due to the cause of loss of profit under the Loan Terms and Conditions of the Agricultural Cooperative to the part payment loan to prospective occupants, if the prospective occupants delay the repayment of loans, Dratts and C shall cancel the sales contract to prospective occupants immediately after being notified by the Agricultural Cooperative in order to recover the agricultural cooperative's collection of the loans, and preferentially appropriate the principal and interest (including damages for delay) of the agricultural cooperative to prospective occupants due to the down payment and intermediate payment already paid by the prospective occupants within three months from the date of notification.
B. Around January 2008, the Seoul Dairy Agricultural Cooperatives (hereinafter “CF”) entered into a business agreement with Dlimz and C to the effect that the purchaser of the above apartment is an intermediate payment loan (hereinafter “CF”) (hereinafter “CF”) and its main contents are as follows.
C. The defendant would purchase the above apartment No. 413-dong 402 (hereinafter “the apartment of this case”) from Dlimz, and the defendant would receive an intermediate payment from the Nonghyup, etc.