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(영문) 서울남부지방법원 2016.12.01 2016가합107180
양수금
Text

1. As to KRW 206,229,352 and KRW 119,80,00 among them, the Defendant shall annually pay to the Plaintiff KRW 206,229,352 from April 4, 2016 to April 19, 2016.

Reasons

1. Facts of recognition;

A. 1) The Defendant: (a) purchased an apartment unit B (hereinafter “the instant apartment unit”) in Yongsan-gu, Yongsan-gu; and (b) obtained an intermediate payment loan (hereinafter “the instant loan contract”) from the Seoul U.S. Agricultural Cooperative (hereinafter “Seoul U.S.”); (c) Dratz Co., Ltd. (hereinafter “Dratz”) newly constructed and sold the instant apartment unit; and (d) New East Asian Construction Co., Ltd. (hereinafter “Newdong Construction”) entered into an agreement on the new construction of the instant apartment unit with the dratz and the construction of the instant apartment unit; (c) the agreement on the payment of the intermediate payment in accordance with the sale of the said apartment unit (hereinafter “the instant agreement”); (d) the Plaintiff acquired the instant loan interest rate of 30% from Seoul U.S. Co., Ltd. and the Plaintiff’s obligation to borrow the principal and interest rate of 40% in accordance with Article 30 of the Act on the Structural Improvement of the Agricultural Cooperatives (hereinafter “U.S. Loan Agreement”).

3) Dlimz paid the interest agreed upon under the loan agreement of this case on behalf of the Defendant until March 30, 201 pursuant to the agreement of this case, on behalf of the Defendant, and the Defendant did not thereafter pay the interest on the Seoul milk.

On September 30, 2013, Seoul U.S. was the loan contract of this case to the Plaintiff.

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