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(영문) 서울동부지방법원 2014.07.01 2013가합105647
대여금반환
Text

1. The Defendants are the respective money indicated in the “principal of the loans” stated in the “the details of loans” attached to the Plaintiff and each of the above amounts.

Reasons

1. Basic facts

A. South Mine Construction Co., Ltd. operating a housing construction project (hereinafter “Seoul Mine Construction”) is a contractor for the construction project of J apartment (hereinafter “instant apartment”) located in Namyang-si, Namyang-si, and the Defendants are the buyers who purchased the instant apartment.

B. The Southern Mine case entered into an agreement for lending and borrowing money (hereinafter “the instant monetary loan agreement”) with the Defendants on the following terms: (a) the amount equivalent to 1/2 of the down payment (10% of the parcelling-out price); (b) the “principal of the leased money” in the attached Form “the details of the leased money”, which is 5% of the parcelling-out price; (c) lend each money at interest without interest; and (d) appropriate it for the full down payment; and (e) receive the payment at the time of occupancy.

[This case's monetary loan agreement] The Defendants enter into a monetary loan agreement for the remainder of the construction project and the sub-contractor for the smooth sale of the apartment of this case as follows.

Article 1 (Purpose) (1) The purpose of this monetary loan agreement is to lend the sales contract (5% of the total sales price) to the Defendants for the purpose of the apartment sale contract in this case.

(2) Therefore, the Defendants cannot use a loan under the instant monetary loan agreement for consumption for any purpose other than for the payment of the sales contract deposit, or claim the return of the down payment as the down payment, and cannot transfer the claim for the return of the down payment to another person

Article 2 (Loan Amount, Security Presentation, and Repayment Time) (1) The remaining mineral loan shall be lent free of charge to the Defendants in order to pay each money as stated in the “principal of the loan” in the attached Form 3 to the Defendants.

② For the security of this loan, the Defendants need to prepare a notarial deed of promissory notes, the maturity date of which is the first scheduled date for occupancy under the sales contract, and need to do so.

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