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(영문) 인천지방법원부천지원 2016.11.18 2016가단12177
대여금
Text

1. As to KRW 367,245,270 and KRW 223,60,00 among them, the Defendant shall pay to the Plaintiff KRW 367,245,270 from March 24, 2016 to April 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. 6-1, 2, and Gap evidence No. 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 respect to Dlimz and the above apartment unit (hereinafter referred to as “instant apartment unit”).

B. Around 2008, 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”).

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

Loan: 223,600,000 Loan Commencement Date: Interest rate on September 8, 2008: MOR (three months): 0.950% (2.920% from July 16, 201) delayed interest rate: Article 3(5) of the Framework Terms and Conditions on Credit Transactions (Provisional Use) for Agricultural Cooperatives

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 8, 2008, the Plaintiff implemented a loan by dividing the loan into the instant loan agreement and the instant letter of commitment and depositing the loan into the account of Drhz and New East Construction. Drhz’s loan up to March 30, 201.

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