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(영문) 서울중앙지방법원 2018.03.23 2017가단5112952
대여금
Text

1. The Defendant shall calculate 20 million won to the Plaintiff at the rate of 15% per annum from November 13, 2016 to the date of full payment.

Reasons

1. The fact that there is no dispute with him/her;

A. (tentative name) The B District District District District Housing Association Promotion Committee and the Defendant, the agent company, was promoting the construction project of an association apartment with a scale of 1,584 square meters on the scale of 114,001 square meters in Namyang-si, Namyang-si.

On October 13, 2016, the aforementioned promotion committee and the defendant concluded a service contract (hereinafter referred to as "the service contract of this case") with the Plaintiff (hereinafter referred to as the "Plaintiff") to grant exclusive service rights to union members and general sale (including sale in lots) in accordance with the above project, and the parts related to this case are as follows.

Article 3 [Contract Term and Commencement of Business)

1. The service contract period shall be from the commencement date of recruitment to the completion date of recruitment;

Article 6 (Fees for Recruitment Services and Payment)

1. The fee for the recruitment service for union members of Eul shall be six million won per recruitment household (excluding value-added tax);

6. The service commission and the performance of the service fee of B in voluntary sale or general sale shall be decided by mutual agreement;

Article 13 (Matters of Special Agreement)

2. Eul shall lend 200 million won to Gap, and Eul shall be liable to Eul representative director D from among Gap and shall be repaid without objection to Eul within one month from the date of deposit of loan.

(Conclusion of Separate Monetary Lending and Lending Contract and Notarial Deed)

3.The repayment of loans of the preceding two paragraphs to 200 million won shall be the date of the conclusion of this contract.

4. The date of commencement of the solicitation under this Agreement will be November 25, 2016, while A will be the full order of B’s business environment by completing an open opening to the public relations center, a conclusion of a trust agreement for fund management, and an agreement related to the scheduled contractor to be executed in accordance with its schedule.

B. D, the Defendant representative director, is a notarial deed of a monetary loan agreement to the effect that “D shall borrow 200 million won from the Plaintiff on November 12, 2016, and 25% per annum from the Plaintiff on the same day, but if the obligor fails to perform the above loan obligation, it shall be acknowledged that there is no objection even if compulsory execution is conducted immediately.”

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