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(영문) 인천지방법원부천지원 2016.11.18 2016가단12245
대여금
Text

1. The Defendant’s KRW 695,184,907 and its portion

A. From March 24, 2016 to April 28, 2016, KRW 335,010,000.

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 house 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 building with Dlimz, and constructed it. The Defendant entered into a sales contract (hereinafter referred to as “instant apartment building”) with Dlimz and its apartment building 408 Dong 301 (hereinafter referred to as “the instant apartment building”).

B. On March 2, 2009, the Defendant entered into a contract with the Plaintiff (hereinafter “Plaintiff”) to lend money for the intermediate payment of the instant apartment (hereinafter “first loan contract”).

C. The conditions applicable to the First Loan are as follows.

Loans: Interest rate on July 15, 200: MOR (three months) 2.890% (2.920% from July 16, 201) interest rate: Article 3(5) of the Framework Agreement on Credit Transactions in Agricultural Cooperatives

D. On the other hand, around 2011, the Defendant entered into a loan agreement with the Plaintiff (hereinafter “instant second loan agreement”) that additionally borrowed money (hereinafter “instant loan agreement”) and the conditions applicable thereto are as follows.

Loans: Interest rate of December 14, 2010: MOR (three months) 2.890% (2.920% from July 16, 201) delayed interest rate: Article 3(5) of the Framework Terms and Conditions on Credit Transactions (Provisional Use) for Agricultural Cooperatives

E. At the time of entering into the first loan contract of this case, the Defendant

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