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1. The Defendant (Counterclaim Plaintiff) paid KRW 74,958,574 to the Plaintiff (Counterclaim Defendant) and its amount from September 24, 2014 to April 2, 2015.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
Basic Facts
A. On February 27, 2004, the trade name of the Plaintiff (hereinafter “Plaintiff”) was changed to “IE Daol Real Estate Trust”; thereafter, on March 27, 2009, “IE Daol Trust”; on April 2, 2010, “IE Daol Trust”; and on December 6, 2013, the trade name was changed to the Plaintiff; hereinafter “Plaintiff”) was changed to the Plaintiff. On June 21, 2007, B and Busan, Busan (hereinafter “instant apartment”) entered into a sales contract with the Plaintiff for the supply price of KRW 1,436,60,000 (hereinafter “instant apartment”) and received KRW 718,300,000 from B pursuant to the instant sales contract on June 21, 2007.
B. On July 2, 2007, the Defendant succeeded to all rights and duties under the instant sales contract concluded between B and the Plaintiff. In addition to the agreement containing the content of the instant sales contract (hereinafter “instant sales contract”), the Defendant formulated a special agreement on the supply contract of the apartment separately with the Plaintiff (hereinafter “the instant supply contract agreement”).
C. Articles 1 and 15 of the instant sales contract provide that with respect to the payment of the intermediate payment (60% of the supply price) of the apartment of this case, the Defendant shall receive a full payment as the principal debtor pursuant to the business agreement between the Plaintiff, the Corporation D and the financial institution, and the KB National Bank, the financial institution, and the Gyeongnam Bank, and the Defendant shall pay an intermediate payment in the way of directly transferring the loan equivalent to the intermediate payment to the Plaintiff’s national bank account from the payment date of each intermediate payment to the Plaintiff’s national bank account, and the part from the interest
The Defendant paid to the Plaintiff the total amount of KRW 861,960,000 ( KRW 143,660,000 each over six times on August 21, 2007; June 23, 2008; January 21, 2009; August 21, 2009; March 22, 2010; and November 29, 2010) in the instant sales contract in the same manner as above. The Plaintiff is a loan interest.