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(영문) 인천지방법원부천지원 2016.11.18 2016가단13071
대여금
Text

1. As to KRW 655,165,998 and its KRW 394,400,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 24, 2016 to May 9, 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. 5, Gap evidence No. 6, and the purport of Gap evidence No. 9.

Dlimz Co., Ltd. (hereinafter referred to as “Dlimz”) is an executor who newly constructed and sold an apartment unit 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 unit with Dlimz, and constructed it, and the Defendant entered into a sales contract for Dlimz and the above apartment unit (hereinafter referred to as “instant apartment unit”) with respect to 401 Dong 1402 (hereinafter referred to as “instant apartment unit”).

B. Around 2009, the Defendant entered into a contract with the Plaintiff (hereinafter “the instant loan contract”) to lend money for the intermediate payment of the instant apartment (hereinafter “the instant loan contract”) with the Plaintiff (the National Agricultural Cooperative Federation was the National Agricultural Cooperative Federation at the time, but the credit business, including the loan to the Defendant, was divided and established by the Plaintiff; hereinafter “the time”).

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

Loan: 412,00,000 Loan Commencement Date: Interest rate on August 17, 2009: MOR (3 months): 2.890% (1.720% from June 30, 201) delayed interest rate: Article 3(5) of the Framework Terms and Conditions on Credit Transactions (Provisional Use)

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 August 17, 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 Newdong Construction. The drhz was up to March 30, 201.

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