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1. As to KRW 26,502,533 and KRW 197,210,00 among the Plaintiff, the Defendant shall be from February 20, 2013 to the day of full payment.
Reasons
1. Basic facts
A. On January 25, 2010, the Defendant concluded a sales contract with LSWC Co., Ltd. (hereinafter “DSWC”) with respect to B apartment units KRW 546,900,000 with respect to the sales price for B apartment units at KRW 113,00 (hereinafter “instant apartment”).
(hereinafter “instant sales contract”). B.
According to the instant sales contract, 54,690,000 won of the down payment as of January 25, 2010, the intermediate payment of 295,000,000 won as of February 5, 2010, and the remainder of 197,210,000 won as of February 5, 201, and the remainder of 197,210,000 won as of February 5, 2012 shall be paid until February 5, 2012, and where the sales price is not paid by the due date, 17% of the annual damages for delay from the
C. On August 31, 2009, SPC entered into a monetary claim trust agreement with the Korea Development Bank on trust of the current or future claim for sale price from the buyer for B apartment (hereinafter “instant trust agreement”). While entering into the instant sale contract, the Defendant agreed to the trust agreement without reservation of objection against the trust of the claim for sale price.
The Defendant paid the down payment and intermediate payment pursuant to the instant sales contract, and completed the registration of ownership transfer on February 24, 2010 for the instant apartment, but did not pay the remainder KRW 197,210,000 until February 5, 2012.
E. The auction procedure of the instant apartment was conducted with respect to the instant apartment (Seoul District Court C; hereinafter “instant voluntary auction procedure”), and the Korea Development Bank has to obtain reimbursement of KRW 232,113,468,00 in total, from February 6, 2012 to February 19, 2013, including the remainder of KRW 197,210,000 not paid by the Defendant during the instant voluntary auction procedure, and damages for delay from February 6, 2012 to February 19, 2013 (i.e., KRW 197,210,000 x 380/365 x 17%).