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(영문) 서울중앙지방법원 2016.10.19 2016가단5064506
구상금
Text

1. The Defendant’s annual interest in KRW 89,853,486 and KRW 88,890,369 among the Plaintiff, from May 10, 2014 to August 31, 2015.

Reasons

1. Determination as to the cause of the claim (Provided, That the obligee is the Plaintiff, the obligor is the Defendant) is liable to pay to the Plaintiff 8,853,486 won in total of principal and interest, and 88,890,369 won in total, and 12% per annum from May 10, 2014 to August 31, 2015, the agreed interest rate of 8% per annum from the day following the date of subrogation, and 15% per annum from the day following the day of delivery of the copy of the complaint of this case to February 22, 2016, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's defense

A. The non-existence of a loan to the Nonghyup Bank is the first beneficiary of the loan granted by the Nonghyup Co., Ltd. (hereinafter referred to as the "Crhz"), and the payment was granted by the Nonghyup Bank. In the event that the sales contract on the apartment of this case concluded between the defendant and the Drhz is cancelled, the defendant shall obtain the right to claim the return of the sale price from the Drhz, and Drhz shall preferentially appropriate the loan granted by the Nonghyup Bank among the sale price to be returned to the defendant. The Nonghyup Bank is in the status of the first beneficiary of the repayment of the loan granted by the defendant to the defendant. The business agreement concluded between the financial institutions such as Drhz and the NH Bank and the Si Corporation can be deemed as a contract for the third party whose beneficiary is the defendant, and the sales contract on the apartment of this case was cancelled, and the drhz or Si Corporation shall be exempted from the defendant's intermediate payment, and even if the plaintiff did not notify the defendant of the payment obligation to the defendant to the Nonghyup Bank.

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