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(영문) 인천지방법원 2016.06.16 2015가단223632
이자대납금반환등
Text

1. The Defendant’s KRW 29,704,224 as well as the Plaintiff’s KRW 6% per annum from September 30, 2014 to June 16, 2016, and the following.

Reasons

1. Facts of recognition;

A. On January 12, 2010, the Plaintiff and the Defendant concluded a contract for the Defendant’s purchase of B apartment units 2804 Dong 503 (Simco Construction; hereinafter “Simco Construction”) in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant apartment unit sales contract”) by concluding the so-called loan for late payment of interest on intermediate payments (the time the Plaintiff pays interest on the part of the intermediate payment to the time of the buyer’s occupancy pursuant to Article 19 of the supply contract in the attached Form), etc. (the time of the buyer’s occupancy, and the settlement of the payment of interest on the part of the buyer’s occupancy) (hereinafter “instant apartment unit”). The main contents are as follows.

B. The Defendant paid the down payment to the Plaintiff pursuant to the instant sales contract, and the first through the sixth intermediate payment from the Han Bank Co., Ltd. (hereinafter “One Bank”) received a loan from the intermediate payment pursuant to Article 19 of the instant sales contract.

C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.

8. Around August 19, 2014, upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder and intermediate payment loan agreement, etc. under the instant sales contract, but the Defendant failed to comply therewith. Around August 19, 2014, the Plaintiff notified the cancellation of the sales contract on behalf of the Plaintiff on the ground of the Defendant’s nonperformance of obligation under Article 2(1) of the contract, and the above notification reached the Defendant on August 20, 2014.

On September 30, 2014, the Plaintiff paid KRW 59,529,526 to Han Bank an intermediate payment loan by subrogation on behalf of the Defendant, who is a lending obligor.

In addition, the Plaintiff paid 1,892,100 won in total to the management office from August 25, 2013 to the time of notification of cancellation, which was the day following the scheduled occupancy date of the Defendant.

[Ground for Recognition: the absence of dispute, Gap 1 to 6 evidence (if there are serial numbers, each number shall be included);

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