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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay 124,808,201 won to the intervenor succeeding to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 25, 2009, the Defendant concluded a sales contract with the Sinyang-si B apartment 310 Dong 1102 and 805,200,000 won between the Sinyang-si Construction Co., Ltd. and the Daeyang-si Development Co., Ltd.
B. On May 29, 2009, the Defendant borrowed KRW 322,080,000 on February 28, 2011 from the new bank (hereinafter “new bank”) to prepare part payments pursuant to the above parcelling-out contract, with the expiry date of the lending period as of February 28, 201, 2.8% per annum of the yield on distribution of the 91-day water with the floating interest rate (three months with the floating interest rate) and the rate for delay plus 9% per annum per annum of the interest rate on the loan, with the minimum rate of 16% per annum per annum and the highest rate of 21% per annum.
(hereinafter “instant loan”). According to the lending agreement, the lending period may be automatically postponed after examining whether the extension of the lending period has been extended according to the standards set by the new bank upon the expiration of the lending period. When the Defendant fails to pay the principal and interest of loan, etc. at the due date, he shall immediately pay damages for delay to the amount to be paid, and even if he fails to perform his obligation at the expiration of the lending period or loses the due date, he shall immediately pay damages for delay to the balance
C. Since then, the term of the instant loan was changed from “from February 28, 2011 to “ March 30, 2012,” and the interest rate on the instant loan was paid until December 30, 2011.
After the contract for sale in lots was terminated on the grounds of the Defendant’s remainder of payment, the new buyer entered into a sale in lots on September 11, 2014 with respect to the above 310 Dong 1102, and completed the registration of ownership transfer on November 21, 2014. According to the agreement of the relevant lender group, the loan principal of this case was repaid on November 21, 2014 from the purchase price paid by the new buyer.
E. On December 24, 2013, the new bank transferred the instant loan claims against the Defendant to a limited company specializing in the C&C securitization.