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1. The Defendant (Counterclaim Plaintiff) paid KRW 44,220,743 to the Plaintiff (Counterclaim Defendant) and its related amount from October 28, 2014 to April 16, 2015.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. On March 23, 2011, the Plaintiff (hereinafter “Plaintiff”) changed the trade name into “the Multi-Real Estate Trust for Co., Ltd.” on February 27, 2004; thereafter, on March 27, 2009, the sales contract was concluded between the Defendant and the Defendant for the supply price of KRW 721,50,000 (hereinafter “instant apartment”) with respect to C Apartment-dong 901 (hereinafter “instant apartment”), and received KRW 36,075,000 from the Defendant on the day of the instant sales contract, according to the instant sales contract.
B. Furthermore, the Defendant prepared a separate special agreement between the Plaintiff and the Plaintiff on the date of concluding the sales contract (hereinafter “instant special agreement”).
C. Articles 1 and 15 of the instant sales contract provide that with respect to the payment of the intermediate payment (60% of the supply price) of the instant apartment, the Defendant, as the principal debtor, shall receive the full payment pursuant to the business agreement between the Plaintiff, the Corporation, the Poco Construction, and the Gyeongnam Bank, the financial institution, in accordance with the business agreement between the Plaintiff and the Plaintiff, the Simco Construction, and the Gyeongnam Bank, shall pay an intermediate payment amount directly from the above financial institution to the Plaintiff’s account at the payment date of each intermediate payment, and the part from
On April 6, 2011, the Defendant paid to the Plaintiff KRW 432,90,00 in total for intermediate payments under the instant sales contract. The Plaintiff paid KRW 47,413,893, excluding KRW 17,429,590, out of the loan interest 64,843,483, the Plaintiff paid to the said financial institution.
The Defendant’s remaining payment date under the instant sales contract is specified as at the time of occupancy, and the period of designation of occupancy of the instant apartment (from June 30, 2011 to September 30, 201) has passed.