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(영문) 인천지방법원부천지원 2016.11.11 2016가단11136

대여금

Text

1. As to KRW 486,729,012 and KRW 341,00,00 among them, the Defendant shall pay to the Plaintiff KRW 486,729,012 from March 23, 2016 to November 11, 2016.

Reasons

1. Basic facts

A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is a company that newly constructs and sells apartment B (hereinafter “instant apartment”) in Yongsan-gu, Busan Metropolitan City. New Eastdong Construction Co., Ltd. (hereinafter “Newdong Construction Co., Ltd.”) entered into a contract for the construction of the instant apartment with Dlimz and the new construction of the instant apartment. The Plaintiff (the first National Agricultural Cooperative Federation was the lender, but the Plaintiff was the lender of the first National Agricultural Cooperative Federation, and the lender was changed to the Plaintiff upon the division from the National Agricultural Cooperative Federation on March 2, 2012) is a financial institution that extended an intermediate payment to the purchaser of the instant apartment.

B. On January 208, 2008, the Plaintiff, Dlimz, and Newdong Construction entered into a business agreement with respect to part payments loans to the buyers of the instant apartment (hereinafter “instant business agreement”) (hereinafter “the instant business agreement”), and Article 3 (No. 1) of this Act (hereinafter “the Plaintiff”) grant the lending limit to part payments pursuant to the instant agreement to those who are recognized as eligible loan holders among prospective occupants separately notified from Dlimz.

(2) The agricultural cooperative shall deposit the amount into a deposit account designated by the dratz by implementing a loan within the limit of loans agreed with a prospective resident at the date determined by the drat and prospective occupants.

Article 4 (Cooperation in Recovery of Claims by Nonghyups and Nonghyups) (1) In the event of delay in the repayment of loans to prospective occupants by Nonghyup due to the occurrence of the cause of loss of profit under the terms and conditions of credit transaction of Nonghyup in the part payment loan to prospective occupants of Nonghyup, if the agricultural cooperative claims the repayment of loans to prospective occupants, drts and New East Asian Construction shall cancel the sales contract for prospective occupants immediately after being notified by Nonghyup for the recovery of the agricultural cooperative's claims, and the down payment and intermediate payment already paid by prospective occupants.