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(영문) 인천지방법원부천지원 2016.11.18 2016가단11105
대여금
Text

1. As to KRW 855,801,608 and KRW 495,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 855,801,60. From March 23, 2016 to April 26, 2016.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, and Gap evidence 7 and the whole purport of the arguments.

Dlimz Co., Ltd. (hereinafter referred to as “Dlimz”) is an executor who newly constructed and sold an apartment unit in Yongsan-gu, Manyang-si. A new Eastdong Construction Co., Ltd. (hereinafter referred to as “new Eastdong Construction”) entered into a contract for new construction of an apartment unit with Dlimz, and constructed it. The Defendant entered into a sales contract for Dlimz and the above apartment unit (hereinafter referred to as “instant apartment unit”) with 401 2205 dong 2205 (hereinafter referred to as “instant apartment unit”).

B. Around 2009, the Defendant entered into a contract with the Plaintiff (hereinafter “the instant loan contract”) to lend money for the intermediate payment of the instant apartment (hereinafter “the instant loan contract”) with the Plaintiff (the National Agricultural Cooperative Federation was the National Agricultural Cooperative Federation at the time, but the credit business, including the loan to the Defendant, was divided and established by the Plaintiff; hereinafter “the time”).

C. The conditions applicable to the instant loan are as follows.

Loan: Interest rate of July 15, 200: MOR (3 months) 2.890% delayed interest rate: Article 3(5) of the Basic Terms and Conditions for Loan Transactions (for household account)

D. At the time of the conclusion of the instant loan agreement, the Defendant submitted to the Plaintiff a letter of commitment to the effect that the Plaintiff agreed to lend the instant loan to the Plaintiff by means of dividing the instant loan and directly remitting it to the account of Dratts and Newdong Construction (hereinafter “instant letter of commitment”).

E. From July 15, 2009, the Plaintiff implemented a loan by dividing the loan into the instant loan agreement and the instant letter of undertaking and depositing the loan into the account of drhz and Newdong Construction. The drhz interest on the instant loan by March 30, 201.

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