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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 a C apartment on May 20, 2009 and on May 20, 2009, the Defendant concluded a sales contract to purchase the apartment at KRW 500,800,000 among the above apartment units (hereinafter “instant apartment”).
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 C apartment, and the Plaintiff directly paid loans to the dong 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., 150,240,000 won of loans, the due date of payment changed to June 30, 201), 3.5% per annum on the distribution rate of 91-day deposit certificates (in this case, 3 months during the interest rate change period), and 17% per annum if the overdue period is less than three months, and 19% per annum if the overdue period is more than three months (hereinafter “instant loan agreement”). D.
According to the Defendant’s payment delegation, the Plaintiff paid 150,240,000 won in total by dividing the above loans into three occasions and remitting 150,240,000 won directly to the accounts of the Eastyang Construction Industry on Nov. 26, 2009, Feb. 26, 2010, and July 20, 2010, respectively. The amount of each of the above transfers was appropriated for the sales proceeds of the apartment of this case that the Defendant purchased in lots.
E. The Defendant delayed the repayment of the instant loan obligations, and the Gyeyang Construction Industry.