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1. The Defendant’s KRW 37,164,254 as well as 6% per annum from June 25, 2014 to May 15, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 11, 2010, the Plaintiff and the Defendant concluded a contract under which the Defendant purchased (hereinafter “instant apartment sales contract”) the so-called part payment interest payment loan (the time the Plaintiff paid interest on the part payment loan to the buyer, and the buyer pays the interest payment to the Plaintiff at the time of occupancy) with the agreement to pay the interest payment to the Plaintiff, etc., and signed the contract under which the Defendant purchased (hereinafter “instant apartment sales contract”) the Seo-gu Incheon Metropolitan Government apartment No. 2804, 3102 (Simco construction; hereinafter “Simco construction”) (hereinafter “instant apartment sales contract”). The main contents are as set forth in the supply contract (attached Form).
B. In addition to the 1-2-paid down payment directly contributed pursuant to the instant sales contract, the Defendant paid the 1-6-round intermediate payment by receiving the interest-free loan from the bank based on the agreement to lend the above intermediate payment interest-free loan.
C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.
8. Around July 2, 2014, 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 with the claim, and the said contract was cancelled on behalf of the Plaintiff on the ground of the Defendant’s nonperformance of obligation.
The Plaintiff paid 71,527,442 won (from March 15, 2010 on the date of the execution of the loan of the first intermediate payment until June 25, 2014, the date of payment of the loan by subrogation) to the said bank on behalf of the Defendant, a borrower, for the management expenses of the instant apartment (including late payment from August 2013 to June 2014 before the cancellation of the above contract for sale in lots).
E. Meanwhile, when applying a special contract for restitution stipulated under Article 4(3) of the above sales contract, the agreement is interest rateed until June 25, 2014, in which the Plaintiff returned each intermediate payment to the Defendant by subrogation from the date of the Plaintiff’s payment of the first to the sixth intermediate payment to the above bank.