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(영문) 의정부지방법원고양지원 2017.04.07 2015가합70709
대여금
Text

1. The defendant shall be the plaintiff.

(a) KRW 700,000,000 as well as 5% per annum from June 29, 2010 to February 5, 2015; and

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the establishment, operation, management, etc. of a charnel facility (wing houses, etc.) and the Defendant is a person who operates a stock company C (hereinafter “C”).

B. On July 31, 2009, the Plaintiff entered into a development agency contract (i.e., one name PM contract; hereinafter “instant PM contract”) with C on the selection of a new construction project entity and the arrangement of a loan for a loan with respect to a new construction project in the Dondong House at the time of the Plaintiff’s strike. The main contents of the contract are that “the Plaintiff shall secure the business site, engage in authorization, permission, etc., and C shall perform the business related to the construction project, such as the selection of the contractor, and other business related to the sales of the Dondong Party and marketing, and the Plaintiff shall provide C with the 7,500 fee set.”

The actual contents of the actual cost: The operator and the joint and several sureties who are plaintiffs, the implementor and the joint and several sureties who are joint and several sureties: C, E, and the defendant: The actual contractor and the borrower shall perform the business of acquiring the ownership of the project site, and the contractor shall execute the construction work of the building in the project site, and the lender shall provide the borrower with a loan of KRW 20 billion to perform the said business.

Joint and several sureties guarantee the borrower's obligation to repay the principal and interest of loan under the above loan contract.

The relevant loans shall be used only for scheduled purposes, such as funds for arranging the restricted rights of the project site of this case and financial costs.

C. On June 16, 2010, the Plaintiff: C and its Green Damage Insurance Co., Ltd. (hereinafter “NF loans”); the promotion company Co., Ltd.; and the Plaintiff’s director E and the Defendant, as of the time, for the new construction and sale of a wing unit, the following business agreements and loan agreements (hereinafter “total business agreements and loan agreements”) are “the instant PF loan agreement; the Plaintiff’s loan granted from Green Damage Insurance pursuant to the said loan agreement,” respectively.

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