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(영문) 서울중앙지방법원 2013.08.29 2010가단229146
대여금
Text

1. The Defendant’s KRW 343,703,813 and KRW 183,638,50 among them shall be from December 31, 2009 to June 25, 2010.

Reasons

1. Basic facts

A. On August 12, 2002, the Plaintiff, the Plaintiff, the Hanjin Heavy Industries Co., Ltd., the Hanjin Heavy Industries Co., Ltd., the Hanjin Heavy Industries Co., Ltd. (hereinafter referred to as the “ Hanjin Heavy Industries”) concluded a business agreement (hereinafter referred to as the “instant apartment contract”) with respect to the construction and sale of one unit (D; hereinafter referred to as the “instant apartment”) of the main complex building in Seoul Jongno-gu Co., Ltd., and 61 lots of land (hereinafter referred to as the “instant apartment”) with respect to the construction of new and outstanding housing units (D; hereinafter referred to as the “instant business agreement”), B bears the responsibility for ownership of the entire site of the project, the interest burden until the transfer of ownership, the obligation for repayment of the principal and interest on the above loan, the obligation of the construction completion of buildings within the construction contract, the obligation of the buyer to submit a letter of guarantee at the time of the intermediate payment, the obligation of the Plaintiff to secure the loan in the name of the above loan, the loan and the intermediate loan contract and the trust business.

B. (1) B entered into an individual agreement under the instant business agreement with the Hanjin Heavy Industries on August 13, 2002, and B entered into a real estate security trust and agent contract with the Hanjin Heavy Industries on August 23, 2002. On August 23, 2002, the Plaintiff loaned KRW 53 billion by setting the interest rate of 9.23% per annum on August 23, 2002, the loan period of 2 years, and the overdue interest rate of 19% per annum.

(2) The Plaintiff, B, and the Hanjin Industries, around December 2002, with respect to the intermediate payment loans as stipulated in Article 13 of the instant business agreement, the Plaintiff purchased housing from the buyer.

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