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1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 25, 2016 to November 24, 2017.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant had a chain of interest in 2009, and around April of the same year, sold D apartment units in the name of the Plaintiff in order to resell them under the name of the Plaintiff and distribute half of profits and losses to the Plaintiff.
(hereinafter “instant trade agreement”). B.
Accordingly, on April 20, 200, the Plaintiff entered into a contract under which D Apartment 301 and 2301 (hereinafter “instant apartment”) purchase price was KRW 697,40,000 (contract amounting to KRW 34,870,000, intermediate payment to KRW 418,440,000, intermediate payment to KRW 418,40,000, and the remainder payment to KRW 244,090,00 under the terms of payment at the time of occupancy (hereinafter “instant sales contract”).
C. In order to pay the sales price of the instant case, the Defendant assumed KRW 10,00,000 out of the sales contract amount. The Plaintiff borrowed KRW 24,870,000 out of the sales contract amount from the selling company as the buyer, and received the remainder of KRW 24,870,00 from the selling company, and received KRW 278,90,000 as loans from the new bank or the Kimpo Credit Union on May 29, 2009 in accordance with the “Agreement on the part payment to the prospective occupants of multi-family housing” between the selling company and the new bank.
The plaintiff and the defendant completed their relationship with the other party on December 2009.
Meanwhile, as the Plaintiff did not pay the remainder of the sales price by December 31, 2010, the expiration date of the outstanding payment date, the sales company notified the Plaintiff on September 22, 201 to pay the remainder of the loans to the new bank and the sales price to the said sales company. As the Plaintiff did not comply therewith, the sales company notified the Plaintiff of the cancellation of the instant sales contract on May 22, 2013.
E. On October 31, 2012, the new bank was the Plaintiff as Seoul Central District Court Order 2012Kadan19669.