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(영문) 부산지방법원 2019.08.21 2019가합53
대위변제금
Text

1. The Defendant’s KRW 257,328,856 as well as the Plaintiff’s 15% per annum from December 19, 2018 to May 31, 2019, and the following.

Reasons

1. Facts of recognition;

A. On September 17, 2015, the Defendant sold the three-story E-76.14 square meters (hereinafter “instant commercial building”) among “D,” which is a residential accommodation facility on the ground of the Plaintiff, for the purpose of the sale and recreation, from the Plaintiff, to KRW 632,60,000,000.

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 63,260,000, and agreed to pay the intermediate payment of KRW 253,040,000 in four installments from April 11, 2016 to April 10, 2017.

C. On August 31, 2018, under the Plaintiff’s joint and several guarantee, the Defendant paid each intermediate payment to the Plaintiff after receiving the loan at the interest rate of 5.2% per annum, and at the interest rate of 8.2% per annum, respectively. The Plaintiff agreed to bear the interest rate on behalf of the Defendant by the completion date of the designation period of occupancy in the instant commercial building.

After the completion of the designation period of occupancy in the commercial building of this case, the Defendant did not pay interest on each intermediate payment after the completion of the designation period of occupancy. Accordingly, on August 1, 2018 and August 2, 2018, the Defendant lost the interest on each intermediate payment.

E. On September 7, 2018, the Plaintiff, as a joint surety for each of the above intermediate payments loans, subrogated to the FF Association for the total of KRW 257,328,856 (=total of KRW 253,040,000 (= KRW 63,260,000 x 4 times) interest and overdue interest and KRW 4,28,856).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant, as the principal obligor of each part of the above intermediate payment, pays the Plaintiff as a joint guarantor who is a joint guarantor who has extinguished the principal obligation by subrogation, the amount of 257,328,856 won by subrogation, and the payment order of this case, which was sought by the Plaintiff after the date of repayment, is served with the original copy of the payment order of this case from December 19, 2018 to May 31, 2019.

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