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(영문) 인천지방법원 2016.08.17 2015가단212434
이자대납금반환등
Text

1. The Defendant’s KRW 36,865,706 for the Plaintiff and 6% per annum from September 30, 2014 to August 17, 2016.

Reasons

1. Facts of recognition;

A. On January 11, 2010, the Plaintiff and the Defendant concluded a contract under which the Defendant purchased the so-called intermediate payment interest payment loan (the time the Plaintiff paid interest on the intermediate 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 on the loan at the time of the buyer’s occupancy) (the time of the buyer’s occupancy), etc., of the Seo-gu Incheon apartment B, 2802 Dong 2502 (Simco Construction; hereinafter “Simco Construction”) (hereinafter “instant apartment sales contract”), and its 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 11, 2014, the contractor sent a notice of cancellation of the sales contract on the basis of Article 2(1) of the Agreement on the ground of the Defendant’s nonperformance of obligation, and the notice was returned due to the absence of closure;

D. In making an intermediate payment on behalf of the Defendant on September 30, 2014, the Plaintiff paid an intermediate payment to the said bank on behalf of the said bank, there is no dispute in the calculation of the following facts: (a) the Plaintiff paid an intermediate payment amounting to KRW 78,279,951 (from March 15, 2010 on the date of the first intermediate payment loan execution to September 29, 2014, which is the day preceding the date of the payment by subrogation).

In addition, the Plaintiff paid KRW 1,751,90 (including late August 2013 after the expiration of the occupancy period; late July 2014 before the cancellation of the sale contract) for the management expenses of the apartment of this case.

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