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서울남부지방법원 2018.11.29 2018나53519 (1)

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 125,713,860 won to the intervenor succeeding to the plaintiff.


1. Facts of recognition;

A. On April 14, 2009, the Defendant entered into a sales contract with G and H Co., Ltd. to purchase D apartment units J at KRW 696,60,000 in order to purchase them at KRW 696,60,00.

B. On May 25, 2009, the Defendant borrowed KRW 278,640,000 from E Co., Ltd. (hereinafter “E bank”) on February 28, 201, the expiration date of the lending period is 2.8% per annum on the distribution rate of 91-day water from the floating interest rate (3 months during which interest rate is changed), plus 9% per annum on the overdue interest rate (9% per annum), with a minimum of 16% per annum, and the highest of 21% per annum to apply the lending interest rate as 278,640,00.

(hereinafter referred to as “instant loan”. According to the relevant loan contract, the lending period may be automatically postponed after examining whether the lending period has been extended according to the standards set by the E Bank at the expiration of the lending period, and when the Defendant fails to pay the principal and interest of loan, etc. at the due date, he/she shall immediately pay damages for delay to the amount to be paid, and even if he/she fails to perform his/her obligation upon the expiration of the lending period or loses the due date

C. Under the aforementioned automatic extension agreement, the instant loan period was extended from “from February 28, 2011 to “ March 30, 2012.” The instant loan interest rate was paid until December 30, 2011.

On December 24, 2013, the E Bank transferred the instant loan to the F Limited Company, and at that time, notified the Defendant of the assignment of the credit.

E. After the contract for sale in lots was terminated due to the Defendant’s remainder of payment, the new buyer entered into the sale in lots on January 19, 2015, and completed the registration of ownership transfer on May 4, 2015.

K Co., Ltd., which received the sale price from a new buyer, is the case to the F limited liability company on May 4, 2015 in accordance with the agreement of the related lender.