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1. The Defendant: KRW 156,728,719 for the Plaintiff and KRW 5% per annum from July 22, 2016 to October 22, 2016; and
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who implements a housing redevelopment improvement project in the Gangnam-gu Seoul Northern District C.
B. The Plaintiff concluded a loan agreement with the Korean bank for moving expenses for the redevelopment project, and agreed as follows:
(hereinafter referred to as the “instant Loan Convention”). The purpose of this Convention is to provide for matters necessary for the Bank to deal with household collective housing finance in relation to the Plaintiff’s members in relation to the project.
Article 3 (Limitation and Term of Loan) (1) Details of the principal loan which our bank handles to its members are as follows:
1. Types of loan: Loans for moving expenses;
2. Amount of loans: Total amount of 34,000,000 won; and
3. Considerable household limits: Within 60% of the appraised value of the previous assets of the mortgaged real estate.
4. Term of loan: The term of loan shall be three years from the date when the first loan is implemented.
(hereinafter) (3) In the event that a member of the Bank set a senior mortgage in relation to the obligations owed to the existing financial institutions, the Bank shall repay the existing obligations of the member of the Bank with the moving expenses newly implemented by the Bank, but the method of its disposal shall be governed by the regulations of the Bank.
Article 6 (Method of Preserving Claims) (1) The Plaintiff shall ensure that the Plaintiff is able to secure and set up a full first-class collateral security (the maximum amount of claims shall be 120% of the loan amount), which is not subject to the restrictions by the lessee or by other provisional seizure or provisional disposition of the land and buildings owned by the members of the Bank prior to the moving expenses.
Article 7 (Implementation of Loans) The Korean Bank shall examine the qualifications of the members separately notified by the plaintiff, in accordance with the internal regulations of the Korean Bank, and shall implement the moving expenses loans under this Convention.
Article 9 (Loss of Maturity) Where a member falls under any of the following subparagraphs, he shall lose the benefit of time:
(1) Members of a redevelopment project shall have statutes, etc.