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1. The Defendant’s KRW 186,595,629 and KRW 110,00,00 among the Plaintiff and the Plaintiff’s KRW 14,00 per annum from April 4, 2016 to April 29, 2016.
Reasons
1. Basic facts
A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is the implementer of “C” apartment (hereinafter “instant apartment”) that is newly built in Seoyang-gu, U.S. and is the new East Asian Construction Co., Ltd. (hereinafter “Sadong Construction”) is the contractor of “C” apartment (hereinafter “instant apartment”).
Dlimz and the defendant concluded the sales contract of this case about 411 dong 2102 around 2008.
Under the above sales contract, when the defendant receives part payments, the dratts agreed to bear the interest on the day before the beginning date of the occupancy.
B. Dlimz and Newdong Construction entered into a loan agreement with the Gangseo-gu Agricultural Cooperative (hereinafter “Gangseo-gu Agricultural Cooperative”) and the Gangseo-gu Agricultural Cooperative to implement part payments loans from the sales price to prospective occupants of the apartment of this case, and to deposit the loans into the deposit account designated by Dlimz.
In accordance with the guidance of Dlimz pursuant to the above loan agreement, the Defendant agreed to obtain a loan from the Gangwon Agricultural Cooperatives for the intermediate payment of the instant apartment, and received a loan of KRW 10,000,000 from the Gangwon Agricultural Cooperatives under the joint and several guarantee of Dlimz on April 15, 2010.
(hereinafter referred to as “instant loan”). Gangseo-gu Agricultural Cooperatives deposited the loan into the account designated by Dlimz.
C. Until March 30, 201, Dlimz paid interest pursuant to the loan agreement of this case on the basis of the rate of fluctuation determined by Gangnam Agricultural Cooperatives, and notified the Defendant of the cancellation of the sales contract on the ground of the remainder as the Defendant refused to move into the apartment of this case and did not perform its duty to pay the remainder due to the sales contract.
on September 30, 2013, Gangnam Agricultural Co., Ltd transferred its claim against the Defendant based on the instant loan agreement to the Plaintiff, and notified the Defendant of the assignment of claim by content-certified mail on October 1, 2013.
E. From May 30, 201, the Defendant lost the benefit of time by failing to pay interest on the instant loan accrued from May 30, 201.
d. 2016