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(영문) 인천지방법원 2016.02.24 2015가단212472
이자대납금반환등
Text

1. The Defendant’s KRW 29,244,476 for the Plaintiff and 6% per annum from June 25, 2014 to February 24, 2016.

Reasons

1. Facts of recognition;

A. On January 11, 2010, the Plaintiff and the Defendant entered into a contract with the Defendant for the purchase of the so-called part payments interest payment loan (the time the Plaintiff paid interest on the part payment loan to the time of the buyer’s occupancy pursuant to Article 19 of the supply contract, and settled the repayment of the interest payment on the part of the buyer’s occupancy) (the time of the buyer’s occupancy), etc., of the Seo-gu Incheon apartment B, 2802 Dong 2503 (Simco Construction; hereinafter “Simco Construction”) (hereinafter “instant apartment”). The main contents are as the supply contract (attached Form).

B. The Defendant, in addition to the first to the second to the down payment directly contributed pursuant to the instant sales contract, received the first to the sixth intermediate payment from the bank, but received the loan from the Plaintiff based on the agreement to lend the above part of the intermediate payment after interest payment.

The payment was made as shown in the table of subsection.

C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.

8. Upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder and part payments agreed upon under the instant sales contract at least twice, but the Defendant failed to comply therewith.

On behalf of the plaintiff, around July 2, 2014, the contractor sent a notice that the contract will be cancelled on the basis of Article 2(1) of the contract on the ground of the defendant's default, and the following notice was served on the defendant. D.

On June 25, 2014, when the Plaintiff subrogated for an intermediate payment to the said bank on behalf of the Defendant, the Plaintiff paid an intermediate payment loan to the said bank on behalf of the Defendant (from March 15, 2010 on the enforcement date of the first intermediate payment loan to June 24, 2014, there is no dispute in calculation.

In addition, the Plaintiff paid KRW 1,465,260 (including late August 2013 after the expiration of the occupancy period; late June 2014 before the cancellation of the sale contract) for the management expenses of the instant apartment.

Gu.

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