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1. The Defendant (Counterclaim Plaintiff) paid KRW 88,820,739 to the Plaintiff (Counterclaim Defendant) and its related amount from October 7, 2014 to May 21, 2015.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
Basic Facts
A. On February 27, 2004, the trade name of the Plaintiff (hereinafter “instant apartment”) was changed to “Daol Real Estate Trust,” and thereafter, on March 27, 2009, the Plaintiff entered into a sales contract with “Daol Trust, Co., Ltd., Ltd.,” on April 2, 2010, and the Plaintiff’s trade name was changed to the Plaintiff on December 6, 2013, and the supply price was KRW 1,123,30,000 (hereinafter “instant apartment”) with respect to D Apartment-dong 4702 (hereinafter “instant apartment”) located in Busan Jin-gu, Busan (hereinafter “instant sales contract”) and received KRW 56,165,000 from B pursuant to the instant sales contract on June 22, 2007.
B. On July 6, 2007, the Defendant succeeded to all rights and obligations under the instant sales contract concluded between B and the Plaintiff. In addition to the agreement containing the content of the instant sales contract (hereinafter “instant sales contract”), the Defendant formulated a separate agreement on the supply contract between the Plaintiff and the Plaintiff (hereinafter “the instant supply contract agreement”).
C. Articles 1 and 15 of the instant sales contract provide that with respect to the payment of the intermediate payment (60% of the supply price) of the apartment of this case, the Defendant, as the principal debtor, shall receive the full payment pursuant to the business agreement between the Plaintiff and the Corporation, Macco Construction, the Financial Institutions, and Gyeongnam Bank, in accordance with the business agreement between the Plaintiff and the KB National Bank, and Gyeongnam Bank, shall pay the intermediate payment in the manner of directly transferring the loan equivalent to the intermediate payment from the said financial institution to the Plaintiff’s national bank account from each payment date to the Plaintiff’
The Defendant paid to the Plaintiff the total amount of KRW 673,980,000 ( KRW 112,30,000 each over six times on August 21, 2007; June 23, 2008; January 21, 2009; August 21, 2009; March 22, 2010; November 29, 2010; and 136,564.