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1. The Defendant (Counterclaim Plaintiff) paid KRW 46,790,360 to the Plaintiff (Counterclaim Defendant) and its related amount from October 17, 2014 to May 13, 2015.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Multilateral Trust Co., Ltd. (hereinafter “Plaintiff”) entered into a sales contract with B on December 10, 2009 with respect to the supply price of KRW 587,800,00 (hereinafter “instant apartment”) with the Busan-gu Busan-gu Seoul-dong Co., Ltd. (hereinafter “instant apartment”) (hereinafter “instant sales contract”) (hereinafter “instant sales contract”) separate from the said contract with the C apartment supply contract (hereinafter “instant sales contract”).
(B) On the same day, the sales contract of this case received 29,390,000 won as down payment from B.
B. 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, B shall receive the full payment as the principal debtor pursuant to the business agreement between the Plaintiff, the Corporation D and the National Bank, which is a financial institution, and the Gyeongnam Bank, and the said financial institution shall pay a loan equivalent to the intermediate payment to the Plaintiff’s account directly from the payment date of each intermediate payment.
Accordingly, on December 24, 2009, the Plaintiff received KRW 235,120,000 from the intermediate payment lawsuit 235,120,00, and KRW 58,780,000 from the intermediate payment on March 22, 2010, and KRW 58,780,00 from the intermediate payment on November 30, 201, and KRW 352,680,00 from the above financial institution directly.
C. Article 1 of the supply contract of this case provides that the Plaintiff shall pay interest for the two-year period of the loan amounting to 60% of the supply price on the condition that the buyer pays any balance as at the time of the buyer’s occupancy (the time of payment in balance).
Accordingly, the Plaintiff paid KRW 60,586,127 to the above financial institution a total of KRW 352,680,000 interest on loans.
On the other hand, B on April 12, 2010, all rights and duties under the instant sales contract to E.