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(영문) 청주지방법원 2021.02.03 2020가단30255

대여금

Text

The defendant shall pay to the plaintiff KRW 84,804,378 and KRW 83,60,000 among them, 7.9% per annum from May 26, 2020 to the date of full payment.

Reasons

1. Basic facts

A. The relationship between the parties 1) C Regional Housing Association (hereinafter “Non-Party Association”) is a regional housing association established under the Housing Act in order to promote a new apartment construction project in the Ulsan-gun, Ulsan-gun.

2) On March 21, 2015, the Defendant entered into a new apartment unit agreement with the non-party association members to purchase the purchase price of KRW 163,480,000, at KRW 163,480.

3) On May 31, 2016, the Plaintiff entered into an agreement between the non-party partnership and the enforcement agent, and the Si event, with the content that the Plaintiff would allow the multiple-minutes, including its members, to make an intermediate payment collective loan (hereinafter “the instant business agreement”).

The instant Work Convention was partially amended on August 2, 2017, and finally amended Article 2 of the instant Work Convention provides for “verification of eligible persons” for intermediate payment loans (i.e., cooperatives: Company A; Company B; Company C; Company C: Plaintiff). Under this Convention, the confirmation of eligible persons under Article 2 (Verification of Eligible Persons) of the instant Work Convention shall be based on the list of union members presented to Company A, and the verification of several parts shall be based on the contract presented to Company A, Company B, and Company C; provided that each loan is executed on both union members and several parts by the list of union members and the contract for sale in lots; provided that Company A, Company B, and Company B, without any objection, bears obligations under this Convention (joint and several surety obligations, etc.).

B. On April 25, 2017, the Plaintiff entered into an intermediate payment loan contract between the original Defendant and the Defendant who was a member of the non-party union; “The subject of the loan: Group housing loan; the amount of the loan (limit): KRW 9,240,000: the start date of the loan: May 4, 2017; the due date: May 4, 2017; the due date: 4.9% per annum (fixed interest rate); the late interest rate: 4.9% per annum; the late interest rate: 8% per annum within 30 days in arrears; 10% more than 90 days in arrears; and 12% more than 90 days in arrears (hereinafter “instant.”).