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(영문) 광주고등법원(전주) 2015.04.09 2014나3103
청구이의
Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

Of the principal lawsuit of this case,

Reasons

The main lawsuit and counterclaim are also examined.

1. In the facts of recognition, land subject to a loan for consumption and an investment agreement (land purchase price): Chungcheongnam-do, Chungcheongnam-do, B2,879 square meters (870.9 square meters) and C25 square meters (7.6 square meters) and the borrower (hereinafter referred to as “A”) with respect to the purchase of the above land, the borrower and the Plaintiff (hereinafter referred to as “B”) are required to enter into this agreement with each other after fully informed of the following terms and conditions of the loan for consumption and investment agreement, and to prepare two copies of this agreement in order to prove them, and to keep one copy after signing and sealing the agreement, respectively.

1. A borrower B shall borrow from a borrower A the amount of KRW 1,00,000,000 as the purchase price for the purchase of the said land for development purpose at a eight-month maturity as an investment amount.

2.The borrower B shall pay to the borrower A eight (8) months after the due date of the above loan and shall pay to the borrower A 240 million won in full from the loan and the proceeds from the investment at the due date.

3. If the borrower B cannot repay the above principal and the revenue from the investment to the borrower A eight (8) months after the maturity date of the loan due to the circumstances under which it is impracticable to avoid the loan under the project progress, 12% per annum for the principal, 20% per annum for the revenue, and 20% for the revenue, in addition to the above principal and revenue by the due date until the due date for repayment, and in the order of appropriation for the repayment shall be in the order of the late payment for the revenue, the late payment for the principal, the late payment for the principal, and the principal

4. The borrower B shall process the registration of ownership transfer of the land B in the future on the date of loan payment in order to secure the claim of the borrower Party B, and enter into a trust agreement with the trust company in charge of the trust of the housing project of this land and the trust agreement with the borrower Party A as the first priority beneficiary in the original trust agreement, and if the borrower Party A wishes, the borrower shall be entitled to benefit.

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