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(영문) 서울중앙지방법원 2014.09.19 2012가단282790
대여금
Text

1. The Defendant’s annual interest in KRW 341,296,049 and KRW 247,801,470 among the Plaintiff, from March 8, 2013 to September 19, 2014.

Reasons

1. Facts of recognition;

A. On May 16, 2009, the Defendant entered into a contract with the Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction Industry”) to pay each of the remainder KRW 714,975,950,000 via intermediate payment, and each of the remainder KRW 714,675,00.

B. On November 26, 2009, the Dongyang Construction Industry concluded a business agreement with the Plaintiff on the following matters with respect to the lending limit, time limit, interest rate, payment of loans, etc. while the Plaintiff and the purchaser of B apartments agreed to stand joint and several sureties’s obligation to lend part payments to the Plaintiff, including the Defendant.

In dealing with the intermediate payment loan business handled by the Party A, I Bank sericultural branch (hereinafter referred to as “A”) and Dongyang Construction Industry (hereinafter referred to as “B”) of Hanyang-si Co., Ltd. (hereinafter referred to as “B”) approve that Party A’s basic terms and conditions of credit transaction apply in connection with the intermediate payment loan business that Party A handles with respect to the housing supplied to the purchaser (including the former purchaser with the consent of Party A) or its members (including the latter purchaser) at the Namyang-si Co., Ltd. (hereinafter referred to as “B”),

Article 2 (Limitation on Loans and Deadlines) (1) The total limit on loans handled by Gap shall be KRW 10 billion, and the individual limit on loans to Byung shall be KRW 100,000,000,000.

(2) The term of loan shall be March 31, 2011 from the date when the loan is handled.

Article 3 (Loan Interest Rates and Joint and Several sureties) (1) The loan interest rate that A handles for C shall be 3M CD 3.5%, and the prescribed overdue interest rate determined by A shall apply in case of arrears.

(2) Eul shall set aside joint and several liability obligations for obligations of additional debtors (including persons who have been issued a written confirmation of change of name in the housing supply contract, and whose debt acquisition has been effective).

Article 6 (Payment of Loans) A shall have loans dealt with under this Agreement.

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