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(영문) 의정부지방법원 고양지원 2017.02.08 2016가단82023
양수금
Text

1. The Defendant’s KRW 156,780,883 and KRW 91,00,00 among the Plaintiff’s KRW 156,780 and the Plaintiff’s KRW 14,00 per annum from April 4, 2016 to May 4, 2016.

Reasons

1. Basic facts

A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is the implementer of the “C” apartment (hereinafter “instant apartment”) newly built in the Ilyang-gu Incheon Metropolitan City Bable block (hereinafter “C”), and the new East Asian Construction Co., Ltd. (hereinafter “new East Asian Construction”) is the contractor.

Dlimz and the defendant concluded the sales contract of this case about 414 dong 1601 around 2008.

Under the above sales contract, when the defendant receives part payments, the dratts agreed to bear the interest on the day before the beginning date of the occupancy.

B. Dlimz and Newdong Construction concluded a loan agreement with the Korea Institute of Preamble Livestock Industry (hereinafter “CF”) and the agricultural cooperative to grant an intermediate payment loan to prospective occupants of the apartment of this case, and to deposit the loan into the deposit account designated by Dlimz.

The Defendant agreed to obtain a loan from agricultural cooperatives for the part payments of the instant apartment in accordance with the guidance of drhz under the above loan agreement, and received a loan of KRW 91,00,000 from agricultural cooperatives under the joint and several guarantee of drhz on April 15, 2010.

(hereinafter “instant loan”). At the time, at the time, the Defendant signed and sealed a letter of commitment stating that the Defendant is responsible for the repayment of the interest on the loan if Dr.e., the Defendant deposited the loan into the accounts of Dr.g. and Newdong Construction, and Dr.s. fails to pay the interest on the loan.

The Agricultural Cooperative deposited the above loan into the designated account of Dratts.

C. Until March 30, 201, Dlimz paid interest under the loan agreement of this case on the basis of the fluctuation rate determined by the Nonghyup, and the Defendant notified the Defendant on December 16, 2013 that the sales contract was cancelled on the ground of the remainder payment, as the Defendant refused to move into the apartment of this case and did not perform its duty to pay the remainder due to the sales contract.

The Nonghyup Co., Ltd., on September 30, 2013, against the Defendant based on the instant loan agreement.

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