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(영문) 의정부지방법원고양지원 2016.11.18 2016가단12727
대여금
Text

1. The Plaintiff:

A. As to KRW 587,449,568 and its KRW 341,00,000 among the Defendant (Appointed Party) was from March 23, 2016.

Reasons

1. Basic facts

A. The non-party Dratts Co., Ltd. (hereinafter “Dratts”) that entered into a contract for sale in lots is the implementer of the Seocho-gu Incheon Metropolitan City apartment complex C (hereinafter “instant apartment”) and the new East Asian Construction Co., Ltd. (hereinafter “new East Asian Construction”) is the Si construction.

On March 10, 2009, Dlimz entered into a sales contract with the Defendant (Appointed Party; hereinafter “Defendant A”) to sell the instant apartment at KRW 682,00,000.

Under the above sales contract, when Defendant A receives part payments, dratts agreed to bear interest on the day before the date of commencement of the occupancy.

B. (1) Around January 2008, Dr.D. concluded a loan agreement with the Plaintiff (the National Agricultural Cooperative Federation prior to the change) to the effect that the Plaintiff would implement an intermediate payment loan out of the sales price to prospective occupants of the instant apartment and deposit the loan into the deposit account designated by Dr.D., and on October 15, 2010, respectively, to the same effect.

(2) Defendant A agreed to receive the intermediate payment of the instant apartment from the Plaintiff in accordance with the guidance of Dlimz according to the above loan agreement, and prepared a guarantee certificate to the effect that Defendant A’s said loan obligation within the limit of KRW 443,30,000,00,00 in the loan transaction agreement, stating the name and address of the Plaintiff, the date of the loan ( May 11, 2009), and the amount of loan amount as KRW 341,00,00 in the loan agreement, and the remainder of the loan transaction agreement in the public column was drawn up and delivered to Dlimz (hereinafter “the loan agreement in this case”), and the designated parties B (hereinafter “Defendant A and the designated parties B”) were jointly and severally guaranteed by the Defendants’ obligation under the loan agreement in this case.

(3) In accordance with the above loan agreement, the Plaintiff executed loans equivalent to KRW 341,00,000 from May 20, 2009 to April 20, 200.

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