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(영문) 인천지방법원부천지원 2016.11.18 2016가단104434
대여금
Text

1. As to KRW 678,637,552 and KRW 412,00,00 among them, the Defendant shall pay to the Plaintiff KRW 678,637,552 from March 10, 2016 to March 25, 2016.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, and the purport of Gap evidence No. 5.

Dlimz Co., Ltd. (hereinafter referred to as “Dlimz”) is a contractor who newly built and sold an apartment unit in Yongsan-gu, Manyang-si. Newdong Construction Co., Ltd. (hereinafter referred to as “Selime Construction”) entered into a contract for construction of new apartment unit with Dlimz, and constructed it. The Defendant entered into a sales contract (hereinafter referred to as “instant apartment unit”) with Dlimz and 405 Dong 802, among these apartment units (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: 412,00,000 Loan Commencement Date: Interest rate on September 15, 2009: MaR (3 months): 2.890% (1.720% from June 30, 201) delayed interest rate: Article 3(5) of the Framework Terms and Conditions on Credit Transactions (Provisional Use)

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 September 15, 2009, the Plaintiff implemented the loan by dividing the loan into the instant loan agreement and the instant letter of undertaking and depositing the loan into the accounts of Drhz and New East Construction. Drhz until March 30, 2011.

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