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1. The defendant shall pay to the plaintiff KRW 119,745,401.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts of recognition;
A. On April 7, 2009, B entered into a contract for sale in lots (hereinafter “instant contract for sale in lots”) that purchases (i.e., the first down payment: KRW 10 million; (ii) the second down payment; (iii) KRW 2483,00,000; (iv) the intermediate payment; (iv) KRW 3,483,00,000; and (v) KRW 2,483,00,000; and (iv) KRW 2,483,00,000; and (iv) KRW 6,966,000,000,000 for each of the second down payment; and (v) KRW 301,38,000; and (v) the remainder at the time of occupancy in lots (hereinafter “instant contract for sale in lots”).
B. On May 29, 2009, B entered into a loan agreement with the new bank (hereinafter “new bank”) and KRW 27,864,000,000,000 for the payment of the intermediate payment of the instant apartment contract (hereinafter “new bank”) with the interest rate of KRW 2.8% per annum, adding the interest rate of delay 9% to the above interest rate of delay 16% per annum, the highest rate of 21% per annum, and the above loan was executed by the method of deposit in accordance with the payment schedule for intermediate payment to the new bank account, which is the construction company of the instant apartment complex, designated as the place of receipt in the instant sales contract. The Defendant acquired the above loan obligations of B on June 18, 2010.
C. Since January 12, 2015, the instant sales contract was terminated due to the Defendant’s default, and the new buyer concluded a sales contract for the instant apartment after January 12, 2015 and paid the intermediate payment and remainder, the said re-sale price was appropriated for the principal of the instant loan contract, and the Defendant’s interest accrued from November 1, 2013 to January 12, 2015 is KRW 119,745,401.
On December 24, 2013, the New Bank of Korea established a claim under the loan agreement of this case against the defendant on December 24, 2013 with respect to a limited liability company specializing in the C&C securitization, and the limited liability company specialized in C&C securitization with respect to the plaintiff on January 22, 2016.