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(영문) 의정부지방법원 고양지원 2017.02.08 2016가단84920
양수금
Text

1. The Defendant’s KRW 206,198,882 and KRW 119,80,00 among the Plaintiff’s KRW 14,00 per annum from April 4, 2016 to May 26, 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 a sales contract on the apartment of this case 211 dong 1702 around 2009.

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 Seoul Agricultural Cooperative (hereinafter “CF”) and the NAF to the prospective occupants of the apartment of this case to grant part payments out of the sales price, and to deposit the loan in 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 119,80,000 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.

On December 18, 2013, Nonghyup Co., Ltd. claims against the Defendant based on the instant loan agreement against the Plaintiff.

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