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(영문) 서울남부지방법원 2016.09.30 2016가단229939
양수금
Text

1. The defendant shall pay 143,809,820 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On April 30, 2009, the Defendant concluded a contract for sale in lots (hereinafter “instant contract for sale in lots”) to purchase a petition construction company (hereinafter “petition construction”), Daeyang Industrial Development Co., Ltd. (hereinafter “Dayang Industrial Development Co., Ltd.) and 301, 603 (hereinafter “instant apartment”) 69,66 million won (payment method: the first down payment method: KRW 10,000,000; KRW 24,830,000,000 for the second down payment; KRW 69,660,000 for the intermediate payment; KRW 24,38,000 for the remainder at the time of occupancy) (hereinafter “instant contract for sale in lots”).

B. On May 29, 2009, the Defendant entered into a loan agreement with the New Bank Co., Ltd. (hereinafter “New Bank”) and KRW 27,8640,000,000 for the payment of the intermediate payment of the sales contract in this case (hereinafter “New Bank”) at an interest rate of 3 months, adding the interest rate of 2.8% per annum to the aforesaid interest rate of delay delay interest rate of 9% per annum, and at the highest rate of 16% per annum and 19% per annum per annum (hereinafter “the instant loan agreement”). The said loan was implemented by means of deposit in accordance with the schedule for the payment of intermediate payment to the new bank account of the Hansan Construction Co., Ltd. (hereinafter “Seosan Construction”) which is the contractor of the instant apartment complex designated as the place of receipt in the instant sales contract.

C. On May 26, 2011, the petitioner construction terminated the instant sales contract due to the unpaid balance on November 4, 2010 (the Defendant also sent a certificate of the content that the instant sales contract will be cancelled to the petitioner construction side on November 4, 2010). After concluding the sales contract on the instant apartment, the new buyer concluded the sales contract on August 18, 2015, and paid the intermediate payment and the remainder, appropriated the said re-sale price to the principal of the instant loan contract, and currently, the Defendant’s interest accrued from December 31, 2011 to August 18, 2015 is KRW 143,809,820.

On December 24, 2013, the new bank has a claim under the loan agreement of this case against the defendant to the limited liability company specializing in the securitization of the loans of this case, and the above company.

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