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1. As to KRW 300,262,269 and KRW 182,00,00 among them, the Defendant shall pay to the Plaintiff KRW 300,269 from March 28, 2016 to May 10, 2016.
Reasons
1. Facts of recognition;
A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is a contractor who newly constructed and sold an apartment unit B (hereinafter “the apartment unit of this case”) in Yongsan-gu, Busan Metropolitan City. New Eastdong Construction Co., Ltd. (hereinafter “Sadong Construction”) entered into a contract with Dlimz for new apartment construction and newly constructed the apartment unit of this case.
B. The Plaintiff was the first lending entity, but the Plaintiff was divided and established by the National Agricultural Cooperative Federation on March 2, 2012, and the lending entity was changed to the Plaintiff.
Around January 2008, Dlimz and Newdong Construction entered into a business agreement with the Plaintiff regarding part payments loans to the buyers of the apartment of this case, and the main contents thereof are as follows.
(hereinafter “A” - “B” - Preamz / “B”: Plaintiff 3 (Provision of Loans) and (1) provide a loan limit to intermediate payment pursuant to this Convention only to the prospective residents who are separately notified by “A” but are deemed eligible to be a loan recipient.
(2) The term "disease" shall be deposited into the deposit account designated by "A" by implementing a loan within the scope of the lending limit agreed with a prospective resident at the date determined by "A" and a prospective resident.
Article 4 (Cooperation in Recovery of Claims by Dlime and Agricultural Cooperatives) (1) If a person eligible for relocation delays the repayment of a loan to a person eligible for relocation despite having filed a claim for reimbursement of a loan to a person eligible for relocation in the part of the intermediate payment loan to the person eligible for relocation in the hospital, the term “A” and “B” shall cancel the sales contract for the person eligible for relocation in the hospital immediately after being notified of the disease to recover the claim, and shall be the down payment and the intermediate payment already paid by the person eligible for relocation in the hospital.