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(영문) 인천지방법원 2019.08.29 2018가단33229 (1)

대여금등

Text

1. The defendant shall pay to the plaintiff KRW 117,791,646 and KRW 112,48,00 among them, from November 13, 2018 to the date of full payment.

Reasons

1. Fact-finding;

A. On April 25, 2015, the Defendant concluded a sales contract with C Co., Ltd. (hereinafter “C”) for the purchase of one unit room of D Lodging accommodation ( Hotel) (hereinafter “instant hotel”) in the amount of KRW 187,480,000 (hereinafter “instant sales contract”).

(1) Execution officers and Si construction works, etc. shall jointly and severally guarantee the obligation to repay part payments to the plaintiff by buyers.

(2) Execution officers and Si construction works, etc. shall pay interest on part payments to buyers who have obtained loans from the plaintiff.

(3) Where an intermediate payment loan loses its benefit due to the grounds for the basic terms and conditions of E bank credit transactions, the Plaintiff lending bank may request the executor to cancel the relevant sales contract, and the executor shall, upon the Plaintiff’s request, immediately cancel the sales contract and return it to the Defendant (contractor), preferentially pay it to the Plaintiff lending bank.

Where a contract for sale is cancelled, the seller of the sale in lots (the defendant) shall be aware of the fact that the right to claim the return of the sale price to the executor of the sale in lots has been transferred to the plaintiff (the lending bank) and guarantee that the contract is transferred, and no objection is raised

Where the implementer has to return the sales price already received from the seller due to the cancellation or termination of the sales contract, etc., he/she shall first appropriate the refund of the principal and interest (including compensation for delay) of the seller through prior consultation with the Plaintiff lending bank.

④ The Plaintiff shall deposit the amount of intermediate payment loans into the account of F Co., Ltd. in accordance with the payment schedule in the sales contract.

B. Around March 2015, the Plaintiff, a lending bank, entered into a business agreement with C, etc. regarding collective intermediate payment loans with respect to buyers who bought each of the units of the instant hotel (hereinafter “instant business agreement”).

The main contents of the instant Work Convention.