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1. The Defendant (Counterclaim Plaintiff) paid KRW 139,779,441 to the Plaintiff (Counterclaim Defendant) and its related amount from October 23, 2014 to July 22, 2015.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On February 27, 2004, the trade name of the Plaintiff (hereinafter “Plaintiff”) was changed to “Daol Real Estate Trust,” and thereafter, on March 27, 2009, the sales contract was concluded between “Daol Trust,” “One Duol Trust,” “Co., Ltd. on April 2, 2010,” and the Plaintiff was changed to the Plaintiff on December 6, 2013, and on June 27, 2007, the Plaintiff (hereinafter “Plaintiff”) was paid KRW 1,438,200,000 for the supply price (hereinafter “instant apartment”) with AEV, Inc., Ltd. (hereinafter “AE”) located in Busan Jin-gu, Busan (hereinafter “AE”), and was paid KRW 701,00,000 for the sales contract (hereinafter “instant apartment”).
B. On November 16, 2007, Abes succeeded to all rights and obligations under the instant sales contract, and on July 7, 2009, the Defendant drafted a special agreement on supply contract (hereinafter “instant supply contract agreement”) separately with the Plaintiff, in addition to the agreement containing the content of the instant sales contract (hereinafter “instant sales contract”).
C. With respect to the payment of the intermediate payment (60% of the supply price) of the instant apartment, Articles 1 and 15 of the instant sales contract provide that the Defendant, as the principal debtor, shall receive the full payment pursuant to the business agreement between the Plaintiff and the Corporation, Switzerland Construction and Financial Institutions, KB National Bank, and Gyeongnam Bank, the Defendant shall receive the intermediate payment, but the said financial institution shall pay a loan equivalent to the intermediate payment in the way of directly transferring it to the Plaintiff’s national bank account from the payment date of each intermediate payment to the Plaintiff’s national bank account, and the part of the interest on the
The Defendant, in the above manner, shall make the Plaintiff an intermediate payment of KRW 862,920,00 in total on November 21, 2007; ② June 23, 2008; ③ January 21, 2009; and ④.