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(영문) 인천지방법원부천지원 2016.11.18 2016가단105659
대여금
Text

1. As to KRW 587,802,485 and its KRW 341,00,000 among the Plaintiff, the Defendant shall start from March 10, 2016 to March 30, 2016.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, and the purport of Gap evidence No. 5.

Dlimz Co., Ltd. (hereinafter referred to as “Dlimz”) is an executor who newly constructed and sold an apartment house in Yongsan-gu, Manyang-si. A new Eastdong Construction Co., Ltd. (hereinafter referred to as “new Eastdong Construction”) entered into a contract for new construction of an apartment building with Dlimz, and constructed it, and the Defendant entered into a sales contract (hereinafter referred to as “instant apartment”) with 303 dong 901 (hereinafter referred to as “Dlimz and the above apartment building”).

B. On May 27, 2009, the Defendant concluded a contract with the Plaintiff (which was the National Agricultural Cooperative Federation at the time, but was divided into credit business, including loans to the Defendant, and was established on March 2, 2012; hereinafter “Plaintiff”) to lend money for the payment of intermediate payment of the instant apartment (hereinafter “instant loan contract”).

C. The conditions applicable to the instant loan are as follows.

Loans: Interest rate of June 15, 200: MOR (three months) 2.890% (2.920% from July 16, 201) interest rate of delay: Article 3(5) of the Framework Agreement on Credit Transactions in Nonghyup (hereinafter referred to as “AF”)

D. At the time of the conclusion of the instant loan agreement, the Defendant submitted to the Plaintiff a letter of commitment to the effect that the Plaintiff agreed to lend the instant loan to the Plaintiff by means of dividing the instant loan and directly remitting it to the account of Dratts and Newdong Construction (hereinafter “instant letter of commitment”).

E. From June 15, 2009, the Plaintiff implemented the loan by dividing the loan into the instant loan agreement and the instant letter of undertaking and depositing the loan into the accounts of Drhz and New East Construction. Drhz until March 30, 2011.

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