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1. As to KRW 133,917,321 and KRW 91,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 4, 2016 to April 29, 2016.
Reasons
1. Basic facts
A. The non-party Dratts Co., Ltd. (hereinafter “Dratts”) that entered into a contract for sale in lots is the implementer of the C Apartment-gu, Busan Metropolitan City (hereinafter “instant apartment”) and the new East Asia Construction Co., Ltd. (hereinafter “new East Asia Construction”) is the contractor.
Dlimz entered into a sales contract between the defendant around 2008 to sell the apartment of this case 207 Dong 501.
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. The Plaintiff entered into a loan agreement with the non-party Gangseo-gu Agricultural Cooperative (hereinafter “Gangseo-gu Agricultural Cooperative”) to the effect that the Plaintiff would implement part payments out of the sales price to the prospective occupants of the apartment of this case and deposit the loan into the deposit account designated by the Dlimz.
(2) The Defendant agreed to receive the intermediate payment of the instant apartment from the Dogz under the above loan agreement, and received a loan of KRW 91,00,000 from the Dogz (hereinafter “the instant loan agreement”), and Dogz jointly and severally guaranteed the Defendant’s obligation under the loan agreement.
(3) Under the above loan agreement, the Plaintiff carried out loans worth KRW 91,00,000, and deposited the said loans into the account designated by Drhz.
C. On March 30, 201, drhz paid interest under the loan agreement of this case on the basis of the interest rate determined by the Plaintiff until March 30, 201.
Since the Defendant’s rescission of the sales contract of this case refused to move into the apartment of this case and did not perform the obligation to pay any balance arising from the sales contract, the sales contract of this case is cancelled on December 31, 2013 on the ground that the above Defendant did not pay the balance of the sales price to the Defendant.