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(영문) 인천지방법원 2016.11.23 2016가단28070
정산금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 57,690,590 won and the period from November 1, 2014 to November 23, 2016.

Reasons

1. Facts of recognition;

A. On March 16, 2009, the Plaintiff and the Defendants agreed to lend the so-called part payments interest payment system (for the promotion of sale or convenience of the buyer, etc., the Plaintiff paid the interest on the part payments by the time of the buyer’s occupancy in accordance with Article 2 of the attached Form sale contract, and settled the payment of the interest on the part payment system at the time of the buyer’s occupancy in the part payment system) and concluded a contract that the Defendants purchased the part payments under the Incheon Seo-gu apartment C, 1903 1302

B. The Defendants received a loan from the NongHyup Bank to the Plaintiff based on the agreement on the above intermediate payment interest loan.

After that, the Plaintiff extended the occupancy period to the Defendants until December 31, 2012 (the first day: October 31, 2012) and notified the Defendants of the payment of the remainder, intermediate payment loan interest, etc. under the instant sales contract, but the Defendants did not comply with such demand.

On November 19, 2014, the Plaintiff notified the cancellation of the sales contract on the grounds of the Defendants’ nonperformance of obligation.

C. On October 31, 2014, the Plaintiff paid an intermediate payment by subrogation to the said bank on behalf of the Defendants, who are the loan obligor, KRW 87,611,118 ( KRW 48,264,656, and KRW 39,346,462, from July 6, 2009, the date the first intermediate payment was loaned to October 31, 2012, which was the end of the initial occupancy designation period, from July 6, 2009 to October 31, 2012).

On the other hand, when applying a special contract for restitution stipulated in Article 4(4) of the above sales contract, the interest calculated at the rate of 2.1% per annum (average interest rate for one-year term deposits in general commercial banks around the date of repayment) which was returned to the Defendants by subrogation from the date the Plaintiff received the first to the above bank from the date of the payment of the first to the date of the first to the date of the payment of the first to the above bank, reaches 29,920,528 won (hereinafter “interest on the refund of double payment”).

Grounds for recognition: Facts without a partial dispute, A1 to 7 evidence.

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