대여금
1. The Plaintiff:
A. Defendant B Co., Ltd.: KRW 675,00,000 and its therefrom from August 31, 2017 to March 14, 2019.
Article 2 of the fact of recognition of a claim against Defendant B, C, and D that the Plaintiff paid to Defendant B the down payment of KRW 50,000,000 among the parcelling-out price, and the date of conclusion of this Agreement, and the balance of KRW 450,00,000 on the sales contract ( KRW 500,000) and the difference ( KRW 175,200,000) arising between the fixed parcelling-out price and the fixed parcelling-out price ( KRW 175,20,00), if both the date on which the trustee against the Defendant D consented to the pledge and the date on which the sales contract is concluded, all of the parcelling-out price ( KRW 450,00) are paid, it shall be deemed that the parcelling-out price was paid.
Article 4: Defendant B shall obtain completion until June 30, 2017, and where Defendant B wishes to cancel a sales contract after this date, Defendant B may cancel the sales contract by paying a tax and public charge rate of 15% per annum from July 1, 2017 to the date of full payment and all other expenses.
On December 28, 2016, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant B and Sejong-si, setting the sales price of KRW 675,200,000 for the third floor H and I (hereinafter “each of the instant partitioned buildings”) among the new buildings on the ground of the said site (hereinafter “instant site”), and paid KRW 500,000 to Defendant D’s account on December 29, 2016.
The main contents of the instant sales contract are as follows.
On December 28, 2016, the Plaintiff and Defendant B concluded a quasi-money loan agreement (hereinafter “instant loan agreement”) with the effect that Defendant B would return KRW 675,200,000 to the Plaintiff by August 30, 2017 when the instant contract for sale was terminated.
In order to secure the principal and interest under the loan for consumption contract of this case on December 28, 2016, and the expenses for delay and the expenses for the enforcement of the pledge, Defendant B, as a trustee of this case, is due to the registration of trust under the trust agreement concluded with Defendant D, the trustee of this case on July 12, 2016.