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1. The Defendant’s annual interest in KRW 72,83,198 and KRW 70,581,479 among the Plaintiff, from July 30, 2014 to August 31, 2015.
Reasons
1. Determination as to the cause of a claim (However, a creditor shall be deemed the plaintiff, the debtor shall be deemed the defendant) may be recognized in full view of the entries in the attached Form No. 1 through 5 and the purport of the whole pleadings. As such, the defendant shall be liable to pay to the plaintiff 72,83,198 won in total, including the principal and interest, etc. subrogated by the plaintiff, and 70,581,479 won in total, and the balance of the principal subrogated by the plaintiff 70,589 won in subrogation, the agreed interest rate of 12% per annum from July 30, 2014 to August 31, 2015, and from the next day to February 19, 2016, the agreement rate of 8% per annum for which the copy of the complaint in this case was delivered to the defendant, and from the next day to the day of full payment, damages for delay calculated by 15% per annum as prescribed by the Act
2. Judgment on the defendant's defense
A. The Defendant’s assertion (1) received part payments from the Nonghyup Co., Ltd. (hereinafter “the instant apartment”) and received part payments from the Nonghyup Bank, and the Plaintiff jointly and severally guaranteed the Defendant’s part payments loan from the Nonghyup Bank. The Defendant acquired the right to claim a refund of the sale price from Dlimz, and the Plaintiff actually succeeded to the contractual relationship between the Defendant and the Nonghyup Bank as a joint guarantor of the part payments loan contract concluded with the Defendant for the part payments loan contract with the Nonghyup Bank.
(2) The Plaintiff entered into the instant business agreement with Dlimz on the part payment loan of apartment units (hereinafter “instant business agreement”). Under the instant business agreement, the Defendant entered the content of an intermediate payment loan from the Nonghyup Bank, the Nonghyup Bank, and the scheme for securing the Plaintiff’s claims. The Defendant’s manager of the part payment granted by the Nonghyup Bank is Dlimz.