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1. The defendant shall pay to the plaintiff KRW 423,842,034 and KRW 248,970,000 among them, from January 4, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On June 22, 2009, the Defendant and B agreed to enter into a supply contract that provides for KRW 829,900,000 of the total supply price (hereinafter “instant supply contract”) with respect to the apartment 402-dong 301 (hereinafter “instant apartment”) from the same Land Co., Ltd., the executor company (hereinafter “instant apartment”), and paid KRW 41,495,000 for one intermediate payment of KRW 248,970,00 for one intermediate payment of KRW 248,970 on June 29, 2009; the second intermediate payment of KRW 82,90,00 for two intermediate payments of KRW 82,90 on July 29, 200; the third intermediate payment of KRW 82,90,000 on September 28, 2009; and each of the intermediate payments of KRW 829,90,000 on May 29, 200.
In addition, the defendant and B paid the down payment of KRW 41,495,000 to the same subcontractor as the contract date.
B. On August 14, 2009 between the Defendant and B for the payment of part payments under the instant supply contract: A loan agreement (hereinafter “loan agreement”) to additionally apply a joint signature agreement between the Korea Exchange Bank (hereinafter “Plaintiff”) and the Plaintiff on September 14, 2009: general household funds, loan (limit): 497,940,000 won: interest rate: (a) fluctuation rate under Article 3(2)1 of the General Terms and Conditions for Credit Transactions (Gain (Gain) of the Bank (Gain), the minimum rate of 14% per annum: 14% per annum, the highest rate of 19% per annum, 8% per annum if the overdue period is less than one month, 9% if the overdue period is less than one month, and 10% if the overdue period is less than three months, and 10% per annum if the overdue period is more than three months (hereinafter “the instant loan agreement”); (hereinafter “the debtor”).
C. According to the loan agreement of this case, the Plaintiff and the Defendant B were to pay KRW 31,960,000 on August 31, 2009 and the same year.
9. On December 28, 200 and December 28, 201, loans of KRW 82,990,00 in total, KRW 497,940,00 have been executed, and the Defendant and B continued to pay interest by September 5, 201, and the principal of the loan has also been discontinued.