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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
The reasoning of the judgment of the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion emphasized or added by the Defendants in this court, and thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In addition, the seller of real estate by the Defendants’ assertion that the seller of the real estate would receive the remainder payment (in this case, KRW 30,000 for commercial buildings and KRW 100,000) from the buyer at the time of completion of the building. As such, the buyer would be deemed to have entered into a quasi-loan agreement with the seller to borrow the remainder amount from the seller to the time of completion of the building ownership transfer to the time of completion of the building and pay the remainder amount and interest thereon. As such, Article 607 and 608 of the Civil Act are applicable. As of September 27, 2017, the above Defendant’s obligation to the Plaintiff, which applied the highest interest rate of 25% under the Interest Limitation Act as of September 27, 2017, exceeds KRW 379,493,151 [the remainder amount of KRW 260,000 for commercial buildings and KRW 100,000 for commercial buildings, KRW 119,493,157.1].
Judgment
With respect to whether the instant agreement constitutes a quasi-loan for consumption, the Interest Limitation Act first limits the maximum interest rate on the interest under the contract for lending and borrowing money and invalidates the excess portion (Articles 1 and 2 of the Interest Limitation Act), and the sales amount agreement which is not a loan for consumption for money is not applicable.
The instant agreement, on November 23, 2015, sold to Defendant B the land in South-gu at the time of port KRW 2.66 billion to Defendant B at KRW 2.6 billion, on November 23, 2015, KRW 260 million as the down payment on November 23, 2015, and KRW 260 million as of November 26, 2015.