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(영문) 서울서부지방법원 2016.12.09 2016가단236653
양수금
Text

1. As to KRW 117,537,689 and KRW 68,20,00 among them, the Defendant shall pay to the Plaintiff KRW 117,537,689 from April 4, 2016 to April 28, 2016.

Reasons

1. Facts of recognition;

A. On January 208, 2008, dlimz Co., Ltd. and new Eastdong Construction Co., Ltd. and National Agricultural Cooperative Federation Co., Ltd, a contractor, entered into a loan agreement for the implementation of collective housing financing to prospective occupants of the above apartment.

The above loan agreement is to implement an intermediate payment loan to prospective residents notified by the drhz, deposit loans into the deposit account designated by the drhz, and if prospective residents delay the repayment of loans, the drhz and the drhz construction should cancel the sales contract with prospective residents immediately after being notified by the National Agricultural Cooperative Federation for recovery of claims, and preferentially appropriate the principal and interest of loans to prospective residents within three months from the date of notification of the down payment and the intermediate payment already paid by prospective residents.

B. On April 15, 2010, the Defendant concluded a sales contract with Dlimz about the above apartment Nos. 305, 1703, and on April 15, 2010, the Korea Tative Soil Industry Cooperatives established a five-time intermediate payment of KRW 68,200,00 to the Defendant pursuant to the above loan agreement, with the interest rate of KRW 2.25% for the CD profit rate, Article 3(5) for the interest rate for delay, and on April 13, 2040 for the expiration date of the loan.

At the time, the defendant submitted a letter of commitment that when the sales contract is cancelled and the sales price is to be refunded, the defendant would consent to the repayment of the loan amount directly to the Korea Tratz or new East Livestock Cooperatives.

C. On September 30, 2013, the Korea Tyang Soil Industry Cooperatives transferred a loan claim against the Defendant to the Plaintiff, and notified the Defendant thereof.

The principal and interest of the loan as of April 4, 2016 is KRW 117,537,689 (principal KRW 68,200,000, interest and delay damages until April 3, 2016, KRW 49,185,339, and provisional payment KRW 152,350).

Grounds for Recognition: Facts without dispute, Gap 1 through 6, Eul 1, the purport of the whole pleadings

2. The assertion; and

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