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(영문) 인천지방법원 2014.08.29 2014나2051
대위변제금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 23, 2009, interesting Co., Ltd. constructed Seo-gu Incheon apartment in the free economic zone in Incheon, and sold the above E apartment 803 dong 2504 (hereinafter “instant apartment”) to the Defendant at KRW 503,70,000 for the sale price (hereinafter “instant apartment sale contract”), and the Defendant paid KRW 50,740,000 as the down payment for the instant apartment.

B. The Defendant paid the intermediate payment and the balance on the designated date specified in the following table pursuant to the instant sales contract. In the event that the seller receives the intermediate payment loans (including the second installment payments) from financial institutions designated by the seller of the sales contract at interest companies, the seller of the sales contract, the seller of the sales contract agreed to pay the above loans first by interest rate, on behalf of the seller, the seller of the sales contract, and the total amount of interest paid by the seller of interest at interest by interest companies, on behalf of the seller of the company.

(2) Article 10(2) of the instant sales contract: (1) of the sales contract of this case; (2) The remainder of the down payment and the intermediate payment (as at the time of designation for occupancy) one time contract amount (as at the time of contract), two times mid- to 3 times mid-term (as at January 6, 2010), three times mid-term (as at March 15, 2010), three times mid-term (as at November 15, 2010), five times mid-term (as at November 15, 2015) 25,185, 7550, 50, 50, 370, 50, 370, 50, 370, 570, 3770, 3770, 50, 3770, 3770, 477, 407, 207

C. The Defendant borrowed a part of the down payment and intermediate payment from the financial institution designated by Heungsung Co., Ltd., and paid KRW 301,850,000.

Meanwhile, C Co., Ltd. (hereinafter “C”) supplied steel materials to D (hereinafter “D”) and held the outstanding claim amounting to KRW 58,478,100 around February 24, 2012. However, the Plaintiff, the representative director of C, as the Defendant, who was the wife of D’s representative director, would transfer the right to sell the instant apartment to the Plaintiff, instead of paying the outstanding claim amount to D, on June 5, 2012.

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