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(영문) 인천지방법원 부천지원 2018.04.11 2017가합956

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 30, 2012, Diplomatic Association (hereinafter “D”) concluded a contract with the Defendant to obtain loans of KRW 2 billion in total, including the construction cost, from the Defendant for six times in order to raise funds to build religious facilities, neighborhood living facilities, and automobile-related facilities in Young-si E (hereinafter “D D D D D D D D D D D D D”).

F Co., Ltd. (hereinafter referred to as “F”) has jointly and severally guaranteed the loan obligations owed by Diplomatic Association to the Defendant pursuant to the instant loan agreement.

B. At the time of the instant loan agreement, Diplomatic Association, the Defendant, and F prepared a loan agreement as follows (hereinafter “instant loan agreement”).

[Written Loan Agreements] The debtor Diplomatic Association (hereinafter “A”) and the F representative G (hereinafter “B”) who is the contractor and the defendant (hereinafter “the defendant”) enter into an agreement for loans as follows, and promise to faithfully implement each of the provisions stipulated in this Convention.

Article 1:A “A” shall be loaned to “A” under the following conditions:

- - In order to grant the first loan of KRW 750,00,000 in preference to other expenses, the third loan of KRW 400,000 shall be subject to the exemption of the obligation of the Corporation at the time of completion of registration after the completion of the first floor after the completion of the third loan of KRW 300,000,000 for the third loan of KRW 350,000 for the fourth loan of KRW 100,000 for the fifth loan of KRW 100,000 for the fifth loan of KRW 100 for the first loan of KRW 60,000 for the first loan of KRW 10,000 for the second loan of KRW 10,000 for the first loan of KRW 60 for the first loan of KRW 7,000 for the first loan of KRW 00 for the second loan of KRW 1 year and at the time of completion of registration.

C. On May 30, 2012, the Defendant extended loans to Diplomatic Association, KRW 750 million (hereinafter “loan”) and KRW 400 million (hereinafter “B”) on September 21, 2012.

F was engaged in construction works from the flag interest-gu E to the 1st floor of the ground.

However, the F is added to the Diplomatic Association, the consideration of the construction cost and the modification of designs.