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1. The Defendant (Counterclaim Plaintiff) paid KRW 149,905,960 to the Plaintiff (Counterclaim Defendant) and its related amount from April 9, 2015 to June 18, 2015.
Reasons
1. Basic facts
A. The representative D of C, on July 24, 2012, lent 850 million won as the purchase fund for the unsold 49 households of the apartment complex in Gyeyang-gu, Incheon, to the E-gu, Inc. (hereinafter “SSS”) under the condition that he/she shall be repaid within 60 days the purchase fund for the unsold 49 households of the apartment complex. On July 24, 2012, he/she entered into an agreement with the E&S (Evidence 1) with the lender as the Defendant.
According to the above agreement, if SPS fails to pay KRW 1.35 million within 60 million, it shall, at the defendant's option, implement the procedure for the registration of ownership transfer to the person designated by the defendant with respect to the real estate held in the name of SPS among the above 49 households, or pay the outstanding loan interest at the rate of 36% per annum until the date of full payment.
B. On July 25, 2012, SPS purchased 49 units of the foregoing E apartment unsold housing unsold in lots from the Southern Mine Co., Ltd., and completed the registration of transfer of ownership on August 31, 2012, and completed the registration of trust to the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”).
The first priority beneficiary of the security trust agreement, which is the cause of trust registration, was designated respectively by Seoul Mutual Savings Bank, the interesting Mutual Savings Bank, the Sobre Savings Bank, the Sobre Savings Bank, the Korea Savings Bank, and the second priority beneficiary.
C. E.S. decided to pay KRW 1.5 billion until October 31, 2012, because it was impossible to repay the agreed amount of KRW 1.35 billion within the agreed due date, but again decided to pay KRW 1.62 billion until March 15, 2013. In short, the Defendant agreed not to raise an objection even if he/she directly disposes of the remaining household and collects his/her claim.
E. E.S. failed to repay the borrowed amount by March 15, 2013, and the Defendant sold the remainder to the Plaintiff on October 11, 2013, from among the foregoing E apartment 49 households purchased by E.S...