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(영문) 의정부지방법원 2016.02.02 2014가합7572
대여금
Text

1. The Defendant’s KRW 60,000,000 to the Plaintiffs and 6% per annum from August 1, 2010 to December 15, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiffs are companies established for the purpose of civil engineering and construction business, etc., and the Defendant is the members of the Intervenor joining the Defendant established to promote the marketplace improvement project (hereinafter “B market improvement project”) in the Guri-si C (hereinafter “instant site”).

B. On June 29, 2007, the Plaintiffs entered into the B market improvement project contract with the Defendant joining the Defendant (hereinafter “instant construction contract”).

C. After the conclusion of the instant construction contract, the Plaintiffs leased KRW 60,000,000 to the Defendant on January 31, 2008, and KRW 30,000,000 in total as of February 21, 2008 (hereinafter “instant loan agreement”). The Plaintiffs leased KRW 60,000,000 to the Defendant on the pretext of moving expenses (hereinafter “instant loan agreement”).

(hereinafter “instant loan”) d.

On February 15, 2008, the defendant prepared and submitted to the plaintiffs a "written application for moving expenses" containing the following contents:

(hereinafter below, “A” means the Plaintiffs, “B” means the Defendant, and “B” means the Defendant’s Intervenor.

4. 30 months from the date of the first receipt of the contract for the construction works of the Si/Gun/Gu, the relocation allowance shall expire.

5. A lending and borrowing contract (bill of promise) (2) B shall be repaid the borrowed money under paragraph (1) by the date designated by Party A, and interest shall be interest-free.

If Party B is unable to repay the borrowed money by the designated date for occupancy by Party B and C, it shall repay the principal and interest by applying the general loan overdue interest rate of the National Federation from the following day to the full payment date.

(4) When a soldier fails to pay his/her debts within the due date under paragraph (2), he/she shall be allowed to allow him/her to occupy a building that is sold to B in accordance with a sale and disposal plan formulated in accordance with the Urban Improvement Act and to transfer ownership registration.

(5) Where the repayment of the loan is not made even after 30 days have elapsed from the date of designation under paragraph (2), Byung shall dispose of the building referred to in paragraph (4), and repay the principal, overdue interest, and all other costs first to Gap.

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