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(영문) 의정부지방법원 고양지원 2017.01.11 2016가단81747
양수금
Text

1. As to KRW 175,311,285 and KRW 119,80,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 14,00 from April 4, 2016 to May 2, 2016.

Reasons

1. Basic facts

A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is the implementer of the “C” apartment (hereinafter “instant apartment”) newly built in the Ilyang-gu Incheon Metropolitan City Bable block (hereinafter “C”), and the new East Asian Construction Co., Ltd. (hereinafter “new East Asian Construction”) is the contractor.

Dlimz and the defendant concluded the sales contract of this case about 201 dong 1001 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 Korea Yangyang Livestock Industry Cooperatives (hereinafter “YAF”) and the Yangyang Livestock Industry Cooperatives (hereinafter “YAF”) to implement an intermediate payment loan to prospective occupants of the apartment of this case, and to deposit the loan in the deposit account designated by Dlimz.

The Defendant, in accordance with the guidance of Dlimz under the above loan agreement, borrowed the part payments of the apartment in this case from the Dogz, and borrowed KRW 119,80,000 from the Dogman on April 15, 2010, under joint and several suretys of Dlimz.

(hereinafter referred to as “the instant loan”). The Nonghyup deposited the said loan into the account designated by the dratz.

C. Until March 30, 201, Dlimz paid interest pursuant to the loan agreement of this case on the basis of the fluctuation rate determined by the Yangyang Agricultural Cooperatives until March 30, 201. The Defendant notified the Defendant on December 31, 2013 that the sales contract will be cancelled on the grounds of the remainder payment, as the Defendant refused to move in the apartment of this case and did not perform its duty to pay the remainder due to the sales contract.

On September 30, 2013, Nonghyup transferred its claim to the Plaintiff based on the instant loan agreement, and notified the Defendant of the assignment of claim on October 8, 2013 by content-certified mail.

The above notice of assignment of claims was returned to the addressee on October 10, 2013, but the above notice of assignment of claims was given.

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