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(영문) 의정부지방법원고양지원 2016.12.16 2016가단84937
양수금
Text

1. As to KRW 190,607,645 and KRW 111,80,00 among them, the Defendant shall pay to the Plaintiff the year from April 4, 2016 to May 2, 2016.

Reasons

1. Basic facts

A. The non-party Dratts Co., Ltd. (hereinafter “Dratts”) that entered into a contract for sale in lots is the implementer of the apartment building in the Emphari-dong Haakdong-si, Busan Metropolitan City (hereinafter “instant apartment building”) that is newly constructed in the Empha-dong, Seoyang-gu, Busan Metropolitan City Urban Development Zone, and the new Dong-dong Construction Co., Ltd (hereinafter “Dadong Construction”) is the contractor.

Dlimz entered into a sales contract between the defendant around 2008 to sell the apartment bonds of this case.

Under the above sales contract, when the defendant receives part payments, the dratts agreed to bear the interest on the day before the beginning date of the occupancy.

B. The Plaintiff entered into a loan agreement with the non-party Seoul Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) to the effect that (1) the lending of intermediate payments out of the sales price to the prospective occupants of the apartment of this case and deposit the loan into the account designated by the Dlimz.

(2) The Defendant, in accordance with the guidance of Dlimz pursuant to the above loan agreement, agreed to receive the intermediate payment of the instant apartment from the Seoul Agricultural Cooperative, entered the Defendant’s name and address, and the amount of loan in the loan transaction agreement as the debtor in the loan transaction agreement, entered “11,80,000 won” into a loan transaction agreement with the remainder in the column and delivered it to Dlimz, and Dlimz jointly and severally guaranteed the Defendant’s obligation under the loan agreement.

(3) Under the above loan agreement, the Seoul Agricultural Cooperatives implemented a loan of 111,800,000 won and deposited the loan in the account designated by the Drhz.

C. Dlimz’s interest payment and notification of the date of commencement of occupancy on March 18, 201 is about March 31, 2011 to the buyers of the apartment of this case, including the Defendant, and the part payment lenders from March 31, 201 are directly borne by the buyers.

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