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(영문) 대전지방법원천안지원 2017.12.01 2017가합100188
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,543,819,220 to the Plaintiff (Counterclaim Defendant) and the amount from December 19, 2015 to December 1, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is an association that has obtained the authorization of establishment pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of constructing new underground floors, five apartment units with the 23th above ground, 421 households, and incidental welfare facilities (hereinafter “instant project”).

B. On March 20, 2009, the Plaintiff was selected as the contractor of the instant project and entered into a contract for construction works with the Defendant for the instant project.

(2) Of the terms and conditions of the instant construction contract (hereinafter “the instant construction contract terms”), the terms and conditions related to the lease of operating expenses, etc. of the association are as follows.

Article 16 (Expenses for Promotion of Projects), such as expenses for promotion of projects under Chapter 3 (Expenses for Promotion of Projects), in accordance with the conditions determined separately by the defendant through consultation with the plaintiff, where the defendant and the financial institution designated by the plaintiff after consultation with the plaintiff raise the same project promotion expenses, the interest-free conditions shall not exceed the limit of loans (interest-free items) specified in the conditions for business participation, and

When the defendant raises funds from financial institutions, interest on the conditions for business participation shall be borne by the plaintiff, and interest on the other part of the conditions for business participation shall be paid by the plaintiff on behalf of the defendant, and the defendant shall pay the plaintiff by the date of completion of designation of occupancy.

1. to 16. (Omission) (2) The final repayment date of loans shall be the expiration date of the occupancy designation period, and Article 21 shall apply to the overdue interest rate;

Article 17 (Basic Terms and Conditions of Lease of Project Funds) (1) When the defendant requests the plaintiff or financial institution to lend the expenses for project promotion, he/she shall submit the executive minutes or representative minutes, and all documentary evidence requested by the plaintiff or financial institution to the plaintiff or financial institution.

(2) Detailed matters concerning the timing and method of lending expenses for project promotion.

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