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1. The Defendant’s KRW 59,071,575 to the Plaintiff, as well as 5% per annum from August 30, 2014 to June 26, 2017.
Reasons
1. Facts of recognition;
A. On March 6, 2009, the Plaintiff and B entered into a contract for the construction of balcony expansion (hereinafter collectively referred to as “instant sales contract”) with the Plaintiff’s financial interest on the part payment loan of the intermediate payment (in order to promote sale, convenience of buyers, etc., by the time the Plaintiff paid the interest on the part payment loan to the time of the buyer’s occupancy pursuant to Article 2 of the attached sales contract, and settled the payment of the interest thereon at the time of the buyer’s occupancy). The Defendant acquired B’s rights and duties pursuant to the instant sales contract on October 13, 2010.
B. The Defendant or B received a loan from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) and paid the Plaintiff the first to the sixth part of the intermediate payment based on the agreement on the foregoing intermediate payment loan.
C. The Plaintiff extended the occupancy period to December 31, 2012 (the beginning: October 31, 2012) and notified the Defendant to pay the remainder, part payments, interest on loans, etc. under the instant sales contract, but the Defendant failed to comply therewith.
Accordingly, on September 1, 2015, the Plaintiff notified the Defendant of the cancellation of the instant sales contract on the grounds of the Defendant’s nonperformance of obligation.
On August 29, 2014, the Plaintiff paid an intermediate payment loan to the Nonghyup on behalf of the Defendant, a loan obligor, a total of KRW 76,968,740 ( KRW 44,001,919,919, from July 6, 2009 to September 16, 2011, which was the date of the first occupancy designation period, until October 31, 201, from the date following the date of payment to the date of subrogation).
E. From January 1, 2013, the day following the date on which the designation of occupancy was completed, which was extended on December 31, 2012, to August 29, 2014, the late payment charge for the interest payer paid by the Plaintiff from January 1, 2013 to August 29, 2014, shall be KRW 10,746,420 [=4,01,919 x 14.71% [Article 7(3) of the sales contract] ¡¿ 606 days (from January 1, 2013 to August 29, 2014 ¡À365,10 won].