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(영문) 인천지방법원 2016.04.06 2015가단217019
이자대납금반환등
Text

1. The Defendant’s KRW 27,622,079 for the Plaintiff and KRW 6% per annum from June 25, 2014 to April 6, 2016.

Reasons

1. Facts of recognition;

A. On January 19, 2010, the Plaintiff and the Defendant entered into a contract for the Defendant’s purchase of B apartment (hereinafter “instant apartment unit sale contract”) in Seo-gu Incheon, Seo-gu, Incheon, by concluding the so-called loan for late payment of interest on intermediate payment (the time the Plaintiff paid interest on the intermediate payment loan to the time of the buyer’s occupancy pursuant to Article 19 of the supply contract, and settled the repayment of the interest on the loan to the buyer at the time of the buyer’s occupancy), etc. (hereinafter “instant apartment unit sale contract”). The main contents are as the supply contract (attached Form).

B. The Defendant, in addition to the first to the second to the down payment directly contributed pursuant to the instant sales contract, received the first to the sixth intermediate payment from the bank, but received the loan from the Plaintiff based on the agreement to lend the above part of the intermediate payment after interest payment.

The payment was made as shown in the table of subsection.

C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.

8. Around July 3, 2014, upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder and intermediate payment loan agreement, etc. under the instant sales contract at least twice, but the Defendant failed to comply therewith, and the said contract was cancelled on behalf of the Plaintiff on the ground of the Defendant’s nonperformance of obligation on behalf of the Plaintiff.

On June 25, 2014, when the Plaintiff subrogated for an intermediate payment to the said bank on behalf of the Defendant, the Plaintiff paid 60,695,565 won (from March 15, 2010 to April 30, 2014 on the date of the execution of the first intermediate payment loan, the agreed party and overdue interest from March 15, 2010 to the date of the payment payment after the expiration of April 30, 2014: Provided, That the sum of the items of “natural interest” that occurred prior to the expiration date reaches 27,513 won) on behalf of the said bank.

In addition, the Plaintiff's sales contract from August 2013 after the expiration of the occupancy period of KRW 1,468,120 for the management expenses of the apartment of this case.

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