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(영문) 인천지방법원 2016.02.24 2015가단216870
이자대납금반환등
Text

1. The Defendant’s KRW 33,282,455 as well as 6% per annum from June 25, 2014 to February 24, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 11, 2010, the Plaintiff and the Defendant concluded a contract under which the Defendant purchased (hereinafter “instant apartment sale contract”) the so-called part payment interest payment loan (the Plaintiff paid interest on the part payment loan up to the time of the buyer’s occupancy pursuant to Article 19 of the supply contract, and settled the repayment of the interest payment on the part payment deposit at the time of the buyer’s occupancy) and the Defendant purchased the apartment B in Seo-gu Incheon Metropolitan City (hereinafter “Simco Construction; hereinafter “instant apartment”) from the Defendant (hereinafter “instant apartment sale contract”). The main contents are as the supply contract (attached Form).

B. The Defendant, in addition to the first to the second to the down payment directly contributed pursuant to the instant sales contract, received the first to the sixth intermediate payment from the bank, but received the loan from the Plaintiff based on the agreement to lend the above part of the intermediate payment after interest payment.

The payment was made as shown in the table of subsection.

C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.

8. Around July 2, 2014, upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder and intermediate payment loan agreement, etc. under the instant sales contract at least twice. However, the Defendant failed to comply therewith, and the said contract was cancelled on behalf of the Plaintiff on the ground of the Defendant’s nonperformance of obligation on behalf of the Plaintiff.

On June 25, 2014, when the Plaintiff subrogated for an intermediate payment to the said bank on behalf of the Defendant, the Plaintiff paid an intermediate payment loan on behalf of the said bank KRW 67,635,764 (from March 15, 2010 on the enforcement date of the first intermediate payment loan, until June 24, 2014).

In addition, the Plaintiff paid KRW 1,472,30 (including late August 2013 after the expiration of the occupancy period; late June 2014 before the cancellation of the sale contract) for the management expenses of the instant apartment.

The interest amount (3%) for the period during which the payment was made in the Gu (3%) shall be the first down payment in small 2010-01-11, 27,160.

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