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(영문) 의정부지방법원 고양지원 2017.03.08 2016가단20674
대여금
Text

1. The Plaintiff:

A. As to KRW 638,681,554 and KRW 369,00,00 among them, Defendant A shall be from March 28, 2016 to April 28, 2016.

Reasons

1. On September 2009, Defendant A sold the instant apartment as “the instant apartment unit sales contract (hereinafter “instant apartment sales contract”) with respect to Dlimz Co., Ltd. (hereinafter “Dlimz”) and D apartment No. 303, 402, and hereinafter “D apartment”).

The part payments (369,00,000) out of the sale price was agreed to pay the part payments (369,000,000) by Defendant A with loans from the Plaintiff, and the part payments interest rate incurred by the date prior to the date of designation of occupancy was agreed to pay in lieu of Dratts

Accordingly, on October 15, 2009, Defendant A paid 369,000,000 won for intermediate payment under the above sales contract from the Plaintiff.

the term of the loan agreement of this case is set on July 15, 201 and "the loan agreement of this case" is "the loan agreement of this case".

The Plaintiff agreed to directly transfer the loan to the executor and the city corporation account through the transaction agreement and letter of commitment.

On the other hand, Defendant B entered into a contract of collateral guarantee that guarantees the above principal and interest obligation within the limit of KRW 442,800,000.

The transaction agreement drawn up by the Plaintiff and Defendant A at the time of entering into the instant loan agreement shall not change the interest rate pursuant to Article 3(2)1 of the Framework Agreement on Credit Transactions of Agricultural Cooperatives with respect to the interest rate.

B. Article 3(2)1 of the Terms and Conditions of this case (hereinafter “the Terms and Conditions of this case”) and “damage rate” (the Plaintiff may change the interest rate pursuant to Article 3(2)1 of the Terms and Conditions of this case) are selected, and the MOR reference interest rate is 2.59%. In the event of arrears in the payment of loan interest or installment payment for one month or longer, the agreement was concluded to pay damages for delay and lose the benefit of the time limit for delay (Article 7 of the Terms and Conditions of this case and Article 7 of the Terms and Conditions of this case). However, the Defendants did not pay the principal and interest pursuant to the Terms and Conditions of this case, and thus, the said loan agreement was lost the benefit of time, and as of March 27, 2016,

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