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(영문) 서울남부지방법원 2018.06.05 2017가단11562
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff on the payment order (Seoul Southern District Court 2016Hu30437) is 118,351.

Reasons

1. Facts of recognition;

A. On April 6, 2009, the Plaintiff concluded a sales contract for the purchase at KRW 696,600,000 (hereinafter “instant apartment sales contract”) with the Sinyang-dong B apartment 301,202 (hereinafter “instant apartment”).

B. For the payment of the intermediate payment for the instant sales contract, the Plaintiff received loans from the new bank (hereinafter “new bank”) with the interest rate of KRW 2.8% on May 29, 2009, 278,640,000, which was 2.8% per annum, adding the interest rate of KRW 16% per annum to the above interest rate of delay surcharges of KRW 9% per annum, 21% per annum, 21% per annum, February 28, 2011, and the time and method of payment of interest on February 28, 2011, “the first interest interest rate shall be paid within one month from the starting date of the loan, and within one month from the day following the last day of the calculation of the interest paid.”

(hereinafter “instant loan”). The instant loan was paid in a way that it was deposited into the account of the Si Construction Company, which was designated as the place to receive the sales price under the instant sales contract with the Plaintiff’s consent.

On the other hand, at the time of the instant sales contract, the Plaintiff and the Daeyang Industrial Development Co., Ltd. agreed to pay interest on the instant loans to the Plaintiff and the Daeyang Industrial Development Co., Ltd. not later than the first day of the designation of occupancy of the instant apartment, and the interest was paid until December 30, 201, based on the said agreement.

C. The instant sales contract terminated due to the Plaintiff’s failure to pay any balance, and the new buyer paid intermediate payments and remainder after February 23, 2015.

The loan of this case was repaid with the above sub-sale price, which was appropriated for the principal, and the interest 124,381,666 won from December 31, 201 to February 23, 2015 as indicated below was left as follows.

On December 26, 2013, the new bank extended the instant loan to a limited-liability company specializing in the C&C securitization.

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