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1. The Defendant’s KRW 57,591,78 for the Plaintiff and the Plaintiff’s 5% per annum from November 1, 2014 to January 10, 2018.
Reasons
1. Facts of recognition;
A. On May 25, 2009, the Plaintiff: (a) sold, to B, Seo-gu Incheon Metropolitan Government apartment 1903 Dong 701 (hereinafter “instant apartment”); and (b) concluded a sales contract in the attached Table stating that the so-called part-time payment loan (the Plaintiff’s financial interest on the part-time payment loan pursuant to Article 2 of the sales contract is paid by the time of the buyer’s occupancy; and (c) the payment of the interest is made by the buyer at the time of the buyer’s occupancy (hereinafter “instant sales contract”).
B. On March 19, 2009, the Plaintiff entered into a business agreement with the Nonghyup Bank Co., Ltd. (hereinafter “CF”) to lend part payments following the supply of the instant apartment, etc., and B, in accordance with the instant sales contract, took out the first and sixth part payments from the Nonghyup, and paid to the Plaintiff.
C. On January 9, 2012, the Defendant entered into a contract on the succession of all rights and obligations with respect to the instant sales contract, and the obligation for housing loan and all rights and obligations entered into between B and Nonghyup, and approved it by the Plaintiff.
After the completion of the instant apartment, the Plaintiff designated the date of the designation of occupancy as of October 31, 2012, but extended it on December 31, 2012, and notified the Defendant of the payment of the remainder and interest on the intermediate payment pursuant to the instant sales contract on February 21, 2013, and the notice reached the Defendant on February 25, 2013, but the Defendant did not perform this. However, the Plaintiff notified the Defendant of the cancellation of the sales contract on November 3, 2014, and on December 14 and December 12, 2012, the mail was returned to the Plaintiff.
E. Meanwhile, on October 31, 2014, the Plaintiff paid an intermediate payment to the said bank on behalf of the Defendant, a loan obligor, in paying an intermediate payment to the said bank.