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(영문) 인천지방법원부천지원 2016.11.18 2016가단15374

대여금

Text

1. As to KRW 587,11,760 and KRW 412,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 587,11,760. From March 25, 2016 to May 26, 2016.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 4, Gap evidence No. 5, and the purport of Gap evidence No. 8.

Dlimz Co., Ltd. (hereinafter referred to as “Dlimz”) is an executor who newly constructed and sold an apartment house in Yongsan-gu, Manyang-si. A new Eastdong Construction Co., Ltd. (hereinafter referred to as “new Eastdong Construction”) entered into a contract for new construction of an apartment building with Dlimz, and constructed it. The Defendant entered into a sales contract (hereinafter referred to as “instant apartment”) with Dlimz and the above apartment building with respect to 403 Dong 402 (hereinafter referred to as “the instant apartment building”).

B. On September 16, 2009, the Defendant concluded a contract with the Plaintiff (which was the National Agricultural Cooperative Federation at the time, but was divided into credit business including loans to the Defendant, and was established by the Plaintiff on March 2, 2012; hereinafter the same shall apply) to lend money for the payment of intermediate payment of the instant apartment (hereinafter “instant loan contract”).

C. The conditions applicable to the instant loan are as follows.

Loan: 412,00,000 Loan Commencement Date: Interest rate on October 15, 2009: 2.890% (1.720% from June 30, 201) of MOR (three months) 2.890% (1.720% from June 30, 201): Application of Article 3(5) of the Framework Terms and Conditions on Credit Transactions (Provisional Use).

D. At the time of the conclusion of the instant loan agreement, the Defendant submitted to the Plaintiff a letter of commitment to the effect that the Plaintiff agreed to lend the instant loan to the Plaintiff by means of dividing the instant loan and directly remitting it to the account of Dratts and Newdong Construction (hereinafter “instant letter of commitment”).

E. From October 15, 2009, the Plaintiff implemented the loan by dividing the loan into the instant loan agreement and the instant letter of undertaking and depositing the loan into the accounts of Dlimz and Newdong Construction. The Dlimz up to March 30, 201.