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(영문) 인천지방법원 2019.07.04 2017가단28893
대여금
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, KRW 111,180,00,00, Defendant D, KRW 114,450,00,00, and Defendant E, Defendant E, 115,758.

Reasons

1. Basic facts

A. The relationship 1) Parties I Co., Ltd. (hereinafter “Nonindicted Company”)

) The hotel shall be J hotel in Seopopo City (hereinafter referred to as “instant hotel”).

2) The Defendants newly built the hotel and carried out the business of selling it to each unit of each unit of the hotel, and the Defendants were from the non-party company each unit of the hotel of this case (hereinafter “each unit of this case”).

(2) The Plaintiff and Nonparty Company, etc. are as follows.

After entering into an agreement with the Defendants on the same business as described in the subsection, the following is the direct payment loan between the Defendants.

It is a financial institution that concludes a credit transaction agreement, such as the statement, and lends each intermediate payment to the defendants.

B. A business agreement between the Plaintiff and the Nonparty Company, etc. 1) On March 2015, the Plaintiff: (a) around March 2015, with Nonparty Company, etc., concluded with the Nonparty Company, etc. a business agreement related to collective intermediate payment loans to the buyers who bought the instant units (hereinafter “instant business agreement”).

2) The main contents of the instant Work Convention are as follows.

(1) Execution officers and Si construction works, etc. shall jointly and severally guarantee the obligation to repay part payments to the plaintiff by buyers.

(2) Execution officers and Si construction works, etc. shall pay interest on part payments to buyers who have obtained loans from the plaintiff.

(3) The maximum amount of total loans shall be 19 billion won.

(4) In the event of a sudden change in the financial environment, the interest rate adjustment or the implementation of loans may be determined by the plaintiff's judgment, and the Si and the Corporation shall not raise any objection thereto.

⑤ In the event that an intermediate payment loan has lost its benefit due to the reasons set forth in the basic terms and conditions of K Bank Credit Transactions, the Plaintiff’s lending bank may request the executor to cancel the relevant sales contract, and the executor agrees to pay the Plaintiff’s lending bank first with the sales price to be returned to the Defendant (contractor) immediately upon the Plaintiff’s request. The sales contract is concluded.

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