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(영문) 의정부지방법원고양지원 2016.12.16 2016가단82054
양수금
Text

1. As to KRW 205,072,814 and KRW 119,80,00 among them, the Defendant shall annually pay to the Plaintiff KRW 205,072,814 from April 4, 2016 to December 16, 2016.

Reasons

1. Basic facts

A. Nonparty D’s Co., Ltd. (hereinafter “D”) that entered into a sales contract is the implementer of C apartment building (hereinafter “instant apartment building”) newly built in the Yongsan-gu Seoul Metropolitan City Urban Development Zone (hereinafter “Seoul Metropolitan City”); and D Co., Ltd. (hereinafter “D”) is the contractor.

On January 15, 2008, Dlimz concluded a sales contract with the Defendant for the sale of the instant apartment units of KRW 59,000,000 (hereinafter “instant sales contract”).

Under the above sales contract, when the defendant receives part payments, the dratts agreed to bear the interest on the day before the beginning date of the occupancy.

B. (1) Around 2008 between D and Gangseo-dong Agricultural Cooperative (hereinafter “Gangdong Agricultural Cooperative”) entered into a loan agreement with the purport that Gangseo-dong Agricultural Cooperative will implement part payments out of the sales price to prospective occupants of the apartment complex of this case and deposit the loan to the deposit account designated by Drhz.

(2) The Defendant agreed to receive the intermediate payment of the instant apartment from Gangseo-dong Agricultural Cooperative in accordance with the guidance of Dlimz according to the above loan agreement, entered the Defendant’s name and address, and 119,800,000 won in the loan transaction agreement in writing, and issued a loan transaction agreement with the remainder of the column to Dlimz, and Dlimz guaranteed the Defendant’s obligation under the loan agreement.

(3) In accordance with the above loan agreement, Gangnam-dong Agricultural Cooperatives implemented a loan equivalent to the above KRW 119,80,000 from April 15, 2010, and deposited the loan into the account designated by Drhz.

C. Dlimz’s interest payment and notification of the starting date of occupancy on March 18, 201 is that the starting date of occupancy to the buyers of the apartment of this case including the Defendant is March 31, 201, and that the buyer of the intermediate payment from March 31, 201 should bear the direct burden of the buyer of this case.

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