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(영문) 의정부지방법원고양지원 2016.11.30 2016가단12741
대여금
Text

1. The Plaintiff:

A. As to KRW 763,103,428 and KRW 369,00,00 among them, Defendant A shall be from March 22, 2016 to April 21, 2016.

Reasons

1. Around April 2009, Defendant A entered into a sales contract with Dlimz Co., Ltd. (hereinafter “Dlimz”) and D apartment 3003,00,000 won for the sales price. Of the sales price, the intermediate payment (341,000,000 won) was paid by the Defendant A with a loan from the Plaintiff, and the intermediate payment (369,000,000,000 won) incurred prior to the date of designation of occupancy was paid by Dlimz on May 20, 2009. Accordingly, the Defendant agreed that the Plaintiff would directly borrow and transfer the loan from the Plaintiff to the Plaintiff on December 14, 2010 and the agreement to directly grant the loan from the Plaintiff to the Plaintiff on May 20, 200 to the account of 369,000,000,000 won (1j) and the agreement to directly grant the loan to the Plaintiff on December 20, 2017.

On the other hand, Defendant B entered into each contract of collateral guarantee that guarantees the principal and interest obligation of the above first loan within the limit of KRW 479.7 million, and the principal and interest obligation of the second loan within the limit of KRW 95,940,00.

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) 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 agreement on the expiration date of the term of this case is not separately stated, but if the payment of loan interest or installment repayment is delayed for not less than one month, the parties agreed to pay damages for delay and lose the benefit of the term (Article 7 of the Terms and Conditions of this case and Article 7 of the Terms and Conditions of this case).

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