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(영문) 인천지방법원부천지원 2016.11.25 2016가단13132
대여금
Text

1. As to KRW 589,818,495 and KRW 341,00,000 among the costs, the Defendant shall pay to the Plaintiff the Plaintiff KRW 589,818,495. From March 25, 2016 to May 11, 2016.

Reasons

1. Basic facts

A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is a company that newly constructs and sells apartment B (hereinafter “instant apartment”) in Yongsan-gu, Busan Metropolitan City. New Eastdong Construction Co., Ltd. (hereinafter “Newdong Construction Co., Ltd.”) entered into a contract for the construction of the instant apartment with Dlimz and the new construction of the instant apartment. The Plaintiff (the first National Agricultural Cooperative Federation was the lender, but the Plaintiff was the lender of the first National Agricultural Cooperative Federation, and the lender was changed to the Plaintiff upon the division from the National Agricultural Cooperative Federation on March 2, 2012) is a financial institution that extended an intermediate payment to the purchaser of the instant apartment.

Article 3 (Provision of Loans) (1) The Agricultural Cooperatives (referring to the plaintiff; hereinafter the same shall apply) shall grant a loan limit to part payments pursuant to this Convention to persons deemed eligible for loans by agricultural cooperatives from among prospective residents separately notified of Dr.m.

(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 Nonghyup and Agricultural Cooperatives) (1) In the event that the Agricultural Cooperative claims for the repayment of loans to prospective occupants in the part payment loan to prospective occupants of Nonghyup due to the occurrence of the cause of loss of profit under the loan transaction basic terms and conditions of the Agricultural Cooperative, the prospective occupants delay the repayment of loans, dratts and New East Asian Construction shall immediately cancel the sales contract for prospective occupants, and preferentially appropriate the principal and interest (including damages for delay) of the Agricultural Cooperative to prospective occupants as the down payment and the part payment already paid by the Agricultural Cooperative, within three months from the date of notification.

B. On January 2008, the Plaintiff, Dlimz, and Newdong Construction are those who purchased the instant apartment around January 2008.

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