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(영문) 광주지방법원해남지원 2019.11.06 2018가합3339
청구이의
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. This Court shall enforce compulsory execution 2018 Chicago505.

Reasons

1. Basic facts

A. On August 21, 2017, Plaintiff B obtained a building permit for multi-family housing (multi-family housing (multi-family housing) with respect to multi-family housing (multi-family housing) with respect to multi-family housing (multi-family housing) with respect to multi-family housing (multi-family housing) with respect to multi-family housing (multi-family housing) with respect to multi-family housing (multi-family housing) with respect to multi-family housing (multi-family housing

B. On September 11, 2017, Plaintiff B and the Defendant drafted a general special agreement that lends KRW 4,193,817,000 from the Defendant to use the instant real estate as construction cost for the construction of multi-family housing on the instant land, and the details thereof are as follows.

2. The defendant shall loan money of KRW 4,193,817,800 to the plaintiff B for the work in South Korea, and this amount shall be the key to the new construction of the officetel in South Korea.

The matters of the special agreement at the time of the contract shall be certified, and the plaintiff B shall set up a collateral security and superficies as KRW 800,000 for the land of the plaintiff B, and the plaintiff B shall set up an authentic deed by means of a monetary loan for consumption against the amount of KRW 4,193,817,800 for the loan.

3. The method of payment of a loan is the key to the trial directly by the Defendant under the approval of Plaintiff B on the basis of the progress rate of the project.

4. The plaintiff B must reimburse all the amounts lent to the defendant upon completion.

Provided, That the time of the bank loan shall be the date of repayment if the bank that implemented the loan extends the loan on the ground of its equity capital even though the plaintiff B does not endeavor to repay.

(B) If the plaintiff B did not perform this issue, the plaintiff B shall settle all of the collateral created on the defendant as the place of public notice and transfer it to the defendant).

Plaintiff

B and the defendant are above the same day.

Pursuant to the terms and conditions of the general special agreement entered in the clause, Plaintiff B drafted a notarial deed of monetary loan agreement that lends KRW 4,193,817,800 from the Defendant (D Notaries Joint Office No. 1545, 2017), and the details thereof are as follows.

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