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(영문) 서울중앙지방법원 2017.01.13 2015가합18737
대여금 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 1,769,017,042 as well as its annual interest from December 16, 201 to January 13, 2017.

Reasons

Basic Facts

Defendant B (hereinafter “Defendant B”) such as lending money to Defendant B Co., Ltd. (hereinafter “Defendant B”) was a developer who runs a new apartment (hereinafter “instant apartment execution project”) with a total of 135 households (1 complex 95 households, 2 complex 40 households) located on the ground of Gangnam-si and 2 lots of land (hereinafter “instant apartment”). The construction of the instant apartment was commenced on October 9, 2007.

From January 23, 2007 to April 10, 2008, the Plaintiff lent money to Defendant B several times for the purpose of funding the instant enforcement project.

On April 10, 2008, Defendant B drafted a letter of performance of the obligation (Evidence A No. 11-2, hereinafter “instant letter of performance”) with the content that the Plaintiff would settle the principal and interest of the said loan amount at KRW 2.79 billion and pay the said principal and interest of the loan amount at KRW 2.792,50,000,000, which was certified as a notary E office, etc. on April 15, 2008.

The main contents thereof are as follows:

Real estate indication: 40 households and 10 households of the instant apartment complex 2 complex and 10 households of the complex, total of 50 households: 2.79 billion won and 2.5 million won of the commercial building loan: Defendant B

1. ① Defendant B notarized the Plaintiff’s 2 complex 40 households, 10 households, 50 households, and 1 commercial buildings, and the said borrowed amount shall also be notarized.

② On May 30, 2008, Defendant B repaid KRW 512.50 million to the Plaintiff, and repaid KRW 2.02 billion on July 7, 2008, and repaid KRW 2.6 billion on August 7, 2008.

③ Defendant B is responsible on June 2008 and completed the apartment of the said real estate indication, and the management of the selling household is jointly carried out, and the debt is repaid by settling accounts on the basis of 30 days.

2. A loan made at a financial institution designated by the Plaintiff for the following reasons: (i) if the contents of Section B are not observed, the F Securities held by Defendant B are proposed to be paid to the Issuing Bank; and (ii) fifty (50) households in sales of the notarial one complex and the apartment and commercial buildings indicated in the above real estate.

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