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1. As to KRW 708,289,539 and KRW 412,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 708,289,539. From March 16, 2016 to April 24, 2016.
Reasons
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 6, Gap evidence No. 7, Eul evidence No. 8, and Eul evidence No. 3 and the purport of the whole pleadings.
Dlimz Co., Ltd. (hereinafter referred to as “Dlimz”) is an executor who newly constructed and sold an apartment house in Yongsan-gu, Manyang-si. A new Eastdong Construction Co., Ltd. (hereinafter referred to as “new Eastdong Construction”) entered into a contract for new construction of an apartment with Dlimz, and constructed it. The Defendant entered into a sales contract (hereinafter referred to as “instant apartment”) for Dlimz and the above apartment house with 403 Do 802 (hereinafter referred to as “instant apartment”).
B. On August 17, 2009, the Defendant concluded a contract with the Plaintiff (which was the National Agricultural Cooperative Federation at the time, but was divided into credit business, including loans to the Defendant, and was established by the Plaintiff on March 2, 2012; hereinafter the same shall apply) to lend money for the payment of intermediate payment of the instant apartment (hereinafter “instant loan contract”).
C. The conditions applicable to the instant loan agreement are as follows.
Loans: 412,00,000 first date of loan: Interest rate on August 17, 2009: 2.890% (1.720% from August 17, 2011) for delay interest rate: Article 3(5) of the Framework Terms and Conditions for Credit Transactions (Provisional Use) for Agricultural Cooperatives
D. At the time of the conclusion of the instant loan agreement, the Defendant submitted to the Plaintiff a letter of commitment to the effect that the Plaintiff agreed to lend the instant loan to the Plaintiff by means of dividing the instant loan and directly remitting it to the account of Dratts and Newdong Construction (hereinafter “instant letter of commitment”).
E. From August 17, 2009, the Plaintiff carried out a loan by dividing the loan into the instant loan agreement and the instant letter of undertaking, as prescribed by the said agreement, and deposited the loan into the account of Dlimz and Newdong Construction, and Dlimz on March 201.