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1. The defendant (Counterclaim plaintiff)'s counterclaim of this case is all dismissed.
2. The appeal against the principal lawsuit by the Defendant (Counterclaim Plaintiff) is filed.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On December 20, 2007, the Defendant sold B apartment Nos. 111 and 502 (hereinafter “the apartment of this case”) from the Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction Industry”) in lots at KRW 339,50,000 for sales price.
(hereinafter referred to as the "sale contract of this case")
The Defendant received each of the loans (hereinafter “the instant loans”) from the Plaintiff on March 11, 201 with a maturity of KRW 33,950,000 on March 11, 201, under the joint and several sureties Construction Industry’s joint and several sureties for the purpose of paying intermediate payments pursuant to the instant sales contract, with a maturity of KRW 135,80,000 on June 20, 2008, respectively.
C. On December 14, 2013, the Plaintiff transferred the instant loan claims to a limited liability company specializing in the C&C securitization (hereinafter “C-backed securitization”), and notified the Defendant of the assignment of claims on January 22, 2014, and the C&C-backed securitization transferred the instant loan claims to the succeeding Intervenor on December 30, 2013, and on February 7, 2014, the Plaintiff notified the Defendant of the said assignment of claims and issued the notification to the Defendant on February 12, 2014.
The instant sales contract was rescinded due to the Defendant’s default of the sales price, and as of March 3, 2014, the principal and interest of the instant case was KRW 244,012,979 (the principal and interest of KRW 169,750,00 + interest KRW 74,262,979).
E. On March 3, 2014, the succeeding intervenor recovered KRW 202,035,055 through the first right to benefit from the apartment of this case, which was trusted by the East Construction Industry, a joint and several surety for the debt of this case, to an international trust company. Of which the succeeding intervenor collected KRW 1,604,860, the total provisional payment costs, KRW 169,750,00,00, the total principal, and KRW 30,680,195, out of which are all principal, and KRW 43,582,784,979, + KRW 1,604,00,00,000, were to be appropriated for the partial repayment of the accrued interest and partial accrued interest. The instant loan of this case remains to be divided only KRW 43,582,784,979,00,000, KRW 202,035,555).
[Ground of recognition] Unsatisfy, Gap evidence No. 1-1 loan transaction agreement, and defendant.