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1. Defendant A: (a) paid KRW 159,361,027 to the Plaintiff KRW 135,00,000 from October 24, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On November 28, 2007, Defendant Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”) entered into a loan agreement with the Non-Party Partnership and the Plaintiff on the following terms and conditions with regard to the housing redevelopment improvement project (hereinafter “instant rearrangement project”) under Zone Four (4) that was filed by the project implementer, and the Housing Redevelopment Development and Improvement Project Association (hereinafter “Non-Party Partnership”) entered into a construction contract with the project implementer.
- The main contents of the loan agreement are “A” and the Plaintiff is “B” and the Defendant Hyundai Construction is “A” and the members are “A”.
Article 1:The purpose of this Convention is to provide for the matters necessary for the members of the housing association that is constructed by “A” and “B” in accordance with the contract for work to deal with household collective housing financing (transfer allowances).
Article 2: A person eligible for a loan shall be a person who is recognized as a person eligible for a loan from among the members who confirm the "A" and "A" as members of "A" and notify the "B".
Article 3(1) of the Act: Article 3(1) of the Act provides the lending limit only to “A” and “sick” separately notified from “A” and “B”.
Article 4(1): Loans for relocation expenses concluded between "B" and "B" shall be as follows:
Article 6 (1) of the General Loan for Loan Items and the Total Amount of Loan 31 billion won: Interest on the loan for moving expenses to be handled pursuant to this Convention shall be paid to 'B' on the monthly interest payment date in accordance with the loan interest rate under Article 5.
Article 7(4) : For the moving expenses for the owners of state-owned and public buildings without permission, the status of joint and several sureties shall be borne respectively, and the guarantee liability limit shall be up to 130% of the amount of the loan.
Article 8(1) of the Act: Article 8(1) of the Act refers to “A” and “B” immediately after a loan agreement is concluded with “B”.