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(영문) 인천지방법원 2020.02.20 2019가단20251
대여금등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 124,958,00 and the amount of KRW 113,142,00 among them, from July 17, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The relationship between the parties 1) C Co., Ltd. (hereinafter “Nonindicted Company”)

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

2) The Defendant newly constructed the hotel room and carried out the business of selling it in units, and the Defendant issued the hotel room of this case from the non-party company (hereinafter “instant room”).

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

After entering into an agreement with the Defendant on the same work as described in the subsection, the following is re-related to the loans of intermediate payments.

It is a financial institution that concludes a credit transaction agreement, such as the entry, and gives an intermediate payment to the defendant.

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) Where an intermediate payment loan has lost its benefit due to the reasons set forth in the basic terms and conditions of E 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 the sales price to be returned to the Defendant (contractor) immediately upon the Plaintiff’s request, and the sales contract is cancelled.

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