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(영문) 서울중앙지방법원 2015.09.04 2015가합539739
기타(금전)
Text

1. As to KRW 128,872,378 out of the above money and KRW 333,131,983 to the Plaintiff, the Defendant shall from January 1, 2013 to June 1, 2015.

Reasons

1. The Plaintiff entered into a sales contract and options construction contract with the Defendant on December 18, 2009 with regard to the sale contract with the Defendant at KRW 328,180,000 on the purchase price on December 18, 2009, and the construction contract with the amount of KRW 12,386,00 on June 3, 2010 on balcony extension option contract with the construction cost of KRW 12,386,000 on June 3, 2010.

According to each of the above contracts, the defendant shall pay the remainder of the sale price of KRW 9,630,00, the balance of the options construction price of KRW 9,916,000 and the interest on the intermediate payment loan of KRW 9,916,00 until the expiration of the occupancy designation period (the plaintiff shall pay the interest by the payment date of the interest payment to which the date of the usage inspection belongs, and the defendant shall pay the remainder in the balance, and the interest rate as follows shall apply at the

The Plaintiff notified the occupancy designation period of at least 181 days from 30 days to 5.96% from 10.96% from 31-90% from 13.96% from 91 to 180 days from 14.96% from 181 days from 181 days to 15.96% from 180, and the Plaintiff notified the Defendant of the occupancy designation period of at least 10% from 10.96% from October 26, 2012. Upon completion of the usage inspection on the apartment of this case, the Defendant notified the occupancy designation period from November 3, 2012 to December 31, 2012.

Under the instant sales contract, the Plaintiff mediated the Defendant to borrow an intermediate payment of KRW 195,900,000 from the Korea Exchange Bank, and paid the interest totaling KRW 19,326,378 from January 15, 201 to November 15, 2012.

Since then, the Defendant did not repay the principal and interest of the loan, the Plaintiff subrogated to the Korea Exchange Bank on February 6, 2014 (i.e., 195,900,000 won interest of KRW 8,359,605).

【Legal basis for recognition】 Each entry in the evidence of subparagraphs 1 through 6, and the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination, the Defendant’s payment of KRW 33,131,983 (i.e., the remainder of the purchase price of KRW 9,630,00 for options construction costs of KRW 99,630,00,00 for the Plaintiff and KRW 19,326,378 for the substitute payment of KRW 204,259,60 for the substitute payment of KRW 128,872,378 for the above amount.

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