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1. The Defendant’s annual interest in KRW 265,961,957 and KRW 168,908,00 among the Plaintiff, from March 2, 2016 to May 11, 2016.
Reasons
1. Each fact in the separate sheet of facts supporting the claim shall be acknowledged in the absence of a dispute between the parties, or by taking into account the overall purport of the pleadings as a whole, as set out in Gap evidence 1 to 4
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 168,908,00 won with the loan principal and damages for delay from January 4, 2012 to March 1, 2016, totaling KRW 97,053,957, and the loan principal of KRW 168,908,908,00 from March 2, 2016 to May 11, 2016, the agreement rate of KRW 13.05% per annum, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment.
B. The Defendant’s assertion and its determination (1) (A) concluded the loan transaction agreement of this case with Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) for the payment of part payments of officetel sales contracts, and formed a whole contract with the above sales contract. Therefore, where the above sales contract is cancelled or cancelled or the Defendant loses profits due to the loan transaction agreement, the loan transaction agreement of this case becomes null and void and the Korea Asset Trust, etc. agreed to pay the Plaintiff the principal and interest directly instead of returning the purchase price to the Defendant. Since the Defendant lost its profits due to the loan transaction agreement, the Defendant is not liable to the Plaintiff pursuant to the loan transaction agreement.
(B) Even if the loan transaction agreement is not immediately terminated due to the lapse of the time limit, if the Defendant loses the benefit of the time limit for the loan transaction agreement in this case between the Plaintiff, Korean asset trust, and the Defendant, the principal and interest of the intermediate payment to be repaid to the Plaintiff shall be substituted.