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1. The Defendant’s KRW 80,105,029 and KRW 78,390,569 among the Plaintiff and the Plaintiff’s KRW 12% per annum from July 30, 2014 to August 31, 2015.
Reasons
1. According to each of the statements in Gap evidence Nos. 1 and 6 of the judgment as to the cause of the claim, the facts as shown in the annexed sheet are recognized.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum from July 30, 2014 to August 31, 2015, based on each agreement rate of 8% per annum from September 1, 2015 to August 17, 2016, the delivery date of the instant complaint, and from the next day to the day of full payment of the principal amount of KRW 80,105,029, the principal amount of KRW 78,390,569, the principal amount of which is the Plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant NongHyup Bank Co., Ltd. (hereinafter “CHyup Bank”) has preferential right to benefit under the trust agreement on apartment housing sold by the Defendant with respect to loans to the Defendant, and the Plaintiff succeeded preferential right to benefit by subrogation of the Defendant’s debt to the Nonghyup Bank.
Furthermore, since the Plaintiff acquired the preferential right to benefit as a collateral pursuant to Article 21 of the Credit Guarantee Agreement concluded between the Plaintiff and the Defendant, the Defendant’s indemnity obligation against the Plaintiff was extinguished.
B. Facts of recognition 1) Dlimz Co., Ltd. (hereinafter “Dlimz”).
A) An executor who newly built and sold an apartment unit B in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, and is a new dong Construction Co., Ltd. (hereinafter referred to as “new dong Construction”).
(2) Around January 2008, the said apartment complex is the contractor of the said apartment complex. 2) Around January 2008, the Nonghyup Bank and Dlimz, and New East Asian Construction entered into a business agreement with respect to part payments loans to the buyers of apartment buildings (hereinafter “instant business agreement”).
Article 4 of the instant Work Convention provides for an intermediate payment loan to prospective occupants of the agricultural cooperative, where the agricultural cooperative claims the repayment of the loan to prospective occupants, but the prospective occupants of the agricultural cooperative claims the repayment of the loan to the prospective occupants, the dratts and Newdong Construction shall be the agricultural cooperative.