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(영문) 의정부지방법원 2017.06.07 2017나203290
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is a company that newly constructs and sells the instant apartment complex C (hereinafter “instant apartment complex”) in Yongsan-gu, Busan Metropolitan City. New Dongdong Construction Co., Ltd. (hereinafter “Sadong Construction”) entered into a contract for the construction of the instant apartment complex with Dlimz and the new construction of the instant apartment complex. The Plaintiff (the first National Agricultural Cooperative Federation was the lender, but the Plaintiff was established by dividing it from the National Agricultural Cooperative Federation on March 2, 2012, and the lender was changed to the Plaintiff) is a financial institution that extended part payment to the purchaser of the instant apartment.

B. On January 208, 2008, the Plaintiff, Dlimz, and Newdong Construction entered into a business agreement with respect to part payments loans to the buyers of the instant apartment (hereinafter “instant business agreement”) (hereinafter “the instant business agreement”), and Article 3 (No. 1) of this Act (hereinafter “the Plaintiff”) grant the lending limit to part payments pursuant to the instant agreement to those who are recognized as eligible loan holders among prospective occupants separately notified from Dlimz.

(2) The agricultural cooperative shall deposit the amount into a deposit account designated by the dratz by implementing a loan within the limit of loans agreed with a prospective resident at the date determined by the drat and prospective occupants.

Article 4 (Cooperation in Recovery of Claims by Nonghyups and Nonghyups) (1) In the event of delay in the repayment of loans to prospective occupants by Nonghyup due to the occurrence of the cause of loss of profit under the terms and conditions of credit transaction of Nonghyup in the part payment loan to prospective occupants of Nonghyup, if the agricultural cooperative claims the repayment of loans to prospective occupants, drts and New East Asian Construction shall cancel the sales contract for prospective occupants immediately after being notified by Nonghyup for the recovery of the agricultural cooperative's claims, and the down payment and intermediate payment already paid by prospective occupants.

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