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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph 1.
Reasons
1. Facts of recognition;
A. The Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction Industry”) constructed and sold B apartment units on May 20, 2009 (hereinafter “Dongyang Construction Industry”) and on May 20, 2009. On May 20, 2009, the Defendant concluded a sales contract to purchase the apartment units at KRW 495,500,000 among the above apartment units (hereinafter “instant apartment units”).
B. On November 26, 2009, the Yangyang Construction Industry entered into a business agreement with the Plaintiff on the part of the buyers of the above B apartment, and the Plaintiff directly paid loans to the same building construction industry on behalf of the buyer with the delegation from the buyer, and where the lease is established prior to the establishment of the first right to collateral security, the buyer fails to cooperate with the establishment of mortgage, or it is impossible to repay the said amount due to the security loan of real estate due to the shortage of the cost of collateral security (hereinafter “the instant guarantee agreement”).
C. On November 26, 2009, the Defendant entered into a loan agreement with the Plaintiff on March 31, 201 (i.e., 148,650,000 won of loans, and the due date changed on June 30, 201) with the Plaintiff on March 31, 201 (i.e., 148,650,000 won of loans, 3.5% per annum of the yield on distribution (3 months during the interest rate change cycle), and where the overdue period is less than three months, 17% per annum, and where the overdue period is more than three months, 19% per annum (hereinafter “instant loan agreement”). D.
According to the Defendant’s payment delegation, the Plaintiff paid 148,650,000 won in total by dividing the above loans into three occasions, directly remitting 148,650,000 won into the accounts of the Eastyang Construction Industry, November 26, 2009; February 26, 2010; and July 20, 2010. The amount of each remittance was appropriated for the sales proceeds of the apartment of this case that the Defendant purchased.
E. The Defendant delayed the repayment of the instant loan obligations, and the Gyeyang Construction Industry.