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(영문) 인천지방법원부천지원 2016.11.18 2016가단19710
대여금
Text

1. As to KRW 636,393,650 among the Plaintiff and KRW 369,00,000 among them, the Defendant shall start from March 28, 2016 to July 15, 2016.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, and Gap evidence 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 house 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 building with Dlimz, and constructed it. The Defendant entered into a sales contract (hereinafter referred to as “instant apartment”) with Dlimz and the above apartment building with respect to Dlimz and 407 Dong902 (hereinafter referred to as “instant apartment building”).

B. Around 2009, 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”) with the Plaintiff (the National Agricultural Cooperative Federation was the National Agricultural Cooperative Federation at the time, but the credit business, including the loan to the Defendant, was divided and established by the Plaintiff; hereinafter “the time”).

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

Loans: Interest rate on May 20, 200: 2.890% (1.72% from June 30, 201 to July 15, 201, and 2.92% from July 16, 2011) of MR (three months): 1.72% of the interest rate on delayed loan transactions (2.92% from July 30, 201): Article 3(5) of the Framework Terms and Conditions on Credit Transactions (for household account).

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 May 20, 2009, the Plaintiff implemented the loan by dividing the loan into the instant loan agreement and the instant letter of undertaking and depositing the loan into the account of Dratts and Newdong Construction.

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