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(영문) 대구지방법원경주지원 2020.11.04 2019가단2813
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 67,740,000 won and 4.0% per annum from April 22, 2020 to May 18, 2020.

Reasons

1. Facts of recognition;

A. On July 16, 2018, Defendant D entered into a sales contract with Defendant E Association (hereinafter “Defendant Association”) by setting the sales price at KRW 178,200,00 with respect to G apartment H units newly constructed and sold in the FF won at racing-si (hereinafter “instant apartment units”).

B. On July 19, 2018, Defendant D concluded an intermediate payment loan agreement and a security offer agreement with the Plaintiff for the payment of intermediate payments pursuant to the above sales contract as follows.

(hereinafter “instant loan agreement” and “this case’s loan agreement”: 124,740,000∑ loan period expiration date: Interest rate per annum · Interest rate per annum 3.0% per annum in arrears on May 11, 2019; interest rate per annum in the instant case: (a) interest rate per annum in addition to interest rate per annum 3.0% in arrears; (b) interest rate per annum in the instant building; (c) interest rate per annum in the instant case in which the obligor’s items to be sold in the name among the instant buildings are offered as security for the due date of intermediate payment loan; and (d) interest

C. On October 27, 2016, the Defendant Union concluded an agreement with the Plaintiff and the non-party I Co., Ltd. (hereinafter “City Co., Ltd.”) to provide a collective loan for the buyers of newly-built apartment buildings, and the Defendant Union and the Si Co., Ltd. to provide a joint and several guarantee therefor. Accordingly, the Defendant Union and the Si Co., Ltd entered into the said agreement with the Plaintiff to provide a collective guarantee for all obligations the buyers currently and future due to the loan of the general pre-sale to the Plaintiff within the limit of 130% of the amount of the intermediate payment loan (hereinafter “instant collateral guarantee agreement”).

On March 21, 2019, the registration of ownership preservation was made under the name of the Defendant Cooperative on the instant apartment on the ground that the registration of ownership preservation was made on July 1, 2019, and the registration of ownership transfer was made under the name of the Si Corporation on the ground of the “water repayment” on July 1, 2019, and Nonparty J Co., Ltd. on the ground of trust on July 15, 20

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