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1. As to KRW 144,508,378 out of the amount of KRW 357,648,397 and the above amount, the Defendant shall pay to the Plaintiff KRW 144,508,378 from January 1, 2013 to January 30, 2013.
Reasons
In fact, the Plaintiff and the Defendant entered into a contract for sale in lots with 328,180,000 won on February 4, 2010 with respect to the sale in lots in Jung-gu Incheon Jung-gu apartment 102 Dong-gu, Incheon, and the sale in lots with 328,180,00 won on May 29, 201, and the balcony options construction contract with 11,62,000 won on May 29, 201, with 111,62,000 won for construction work on May 29, 2010.
According to each of the above contracts, the defendant shall pay the remainder of the sale price of KRW 115,80,00 and the remainder of the options construction costs of KRW 9,302,00 and the intermediate payment loans of KRW 115,880 by the expiration date of the occupancy designation period (the plaintiff paid interest by the date of the usage inspection on behalf of the plaintiff, and the defendant paid the remainder in total) and the interest rate for delay as follows shall apply to the overdue interest rate:
The plaintiff notified of the occupancy designation period on October 26, 2012, completed a pre-use inspection on the apartment of this case, and notified the defendant of the occupancy designation period in full and at the same time that he/she will move into the apartment, setting the apartment from November 3, 2012 to December 31, 2012.
Under the instant sales contract, the Plaintiff mediated the Defendant to borrow an intermediate payment of KRW 195,900,000 from the Korea Exchange Bank, and paid the interest totaling KRW 19,326,378 from January 15, 201 to November 15, 2012.
Since then, the Defendant did not repay the principal and interest of the loan, the Plaintiff subrogated to the Korea Exchange Bank of Korea for KRW 213,140,019 (=interest of KRW 195,900,000 at KRW 17,240,019) on February 6, 2014.
【The facts acknowledged prior to the determination of the overall purport of the arguments and the statements stated in the Evidence Nos. 1 through 6, the Defendant’s payment of KRW 357,648,397 to the Plaintiff (i.e., the remainder of KRW 115,880,000 for options construction costs and KRW 9,302,300 for the remainder of the sales price and KRW 19,326,378 for the substitute payment of KRW 213,140,019 for the substitute payment of KRW 19,326,378).