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(영문) 수원지방법원 2016.07.22 2015나29128

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On September 24, 2009, the Defendant entered into a contract with Dlimz Co., Ltd. (hereinafter “Dlimz”) under which the purchase price of KRW 990 million was KRW 1405,00,000 among the apartment B apartment B (hereinafter “instant apartment”).

Article 2 of the contract for sale in this case provides for the cancellation of contract as follows.

§ 2(1) Drts may, when the defendant has committed any of the following acts, cancel this contract after peremptory notice, provided that no performance has been made:

(2) When the defendant does not pay any balance within three months from the date of the agreement. < Amended by Act No. 3350, Mar. 1, 2008> Where a loan is arranged by a security of drts and the defendant claims performance on behalf of drts from a financial institution due to his/her failure to pay interest, etc., at least 14 days of grace period and at least two times, the defendant does not pay the interest, etc. to the financial institution (Provided, That where the interest, etc. is not paid to the financial institution after the lapse of the grace period, this contract shall be cancelled, and where

“........”

B. On October 15, 2009, the Plaintiff entered into an agreement with Dlimz and Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”), a contractor of the instant apartment, on the part of an intermediate payment pursuant to the sale of the instant apartment, and entered into a contract with the Defendant to grant a loan of KRW 495,00,000 to the Defendant at an interest rate of KRW 2.84% per annum, and the due date for payment on June 15, 201 (hereinafter “instant loan agreement”), and the said loan was paid in the way of depositing Dlimz and the deposit account designated by Newdong Construction.

C. However, the defendant is the case.