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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. A. Around April 28, 2009, the Defendant entered into a contract with the Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction Industry”) to pay KRW 714,675,00 each of the remaining amounts of KRW 109,975,00,00 as the down payment, and KRW 54,975,00 as the down payment, three times as the intermediate payment, and KRW 714,675,00 as the remainder.
B. On November 26, 2009, the Winter Construction Industry concluded a business agreement with the Plaintiff (Korea Exchange Bank, a stock company, a foreign exchange bank, was merged with the Plaintiff on September 1, 2015, and took over the instant litigation procedures. However, as to the obligations to lend part payments to the Plaintiff by buyers of the above apartment, including the Defendant, to the Bank, it is jointly and severally and severally guaranteed the obligations to lend part payments to the Plaintiff by buyers of the above apartment, including the Defendant.
In dealing with the intermediate payment loan service handled by the “A”, I Bank diving point (hereinafter referred to as the “A”) and the Doyang Construction Industry (hereinafter referred to as the “B”) approve that the basic terms and conditions of credit transaction of “A” apply to the housing supplied to the buyers or members (including those who purchased the housing with the consent of “A”; hereinafter referred to as “the sick”) of B Multi-Family Housing in Nam-si, Namyang-si, Gyeonggi-do (hereinafter referred to as “B”), which is implemented and performed by the “B,” and agree as follows:
Article 2 (Limitation and Term of Loan) (1) The total limit on loans handled by “A” shall be KRW 10 billion, and the individual loan limit on “A” shall be in accordance with the criteria separately prescribed by “A”.
(2) The term of loans shall be March 31, 2011 from the date the loan is handled.
Article 3 (Loan Interest Rates and Joint and Several sureties) (1) “A” shall have the loan interest rate of 3M +3.5%, and the amount prescribed by “A” in arrears.