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(영문) 서울중앙지방법원 2014.02.12 2012가단282660
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 349,218,834 and KRW 245,183,340 among them, annually, from March 8, 2013 to February 12, 2014.

Reasons

1. Basic facts

A. The Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction”) is a corporation that constructs and sells B apartment (hereinafter “instant apartment”) in Namyang-si, Namyang-si, and is a listed company, and the Defendant entered into a sales contract with the said apartment (T) at KRW 1,09,500,000 (T) around May 2009, with the sales price of KRW 329,850,000 (T) as to the above apartment (T) No. 402 Dongyang Construction).

B. On November 2009, Dongyang Construction concluded a business agreement with the Plaintiff on the assumption that the Plaintiff will assume the joint and several liability for the part payment of the intermediate payment to the buyers of the instant apartment including the Defendant, and the said business agreement includes the following:

(hereinafter referred to as “A” and “B” are the same building, and “A” are the buyer, etc. of the apartment of this case). Article 2 (Limitation on Loan Amount and Time Limit) ① The total limit on loans extended by “A” and “B” shall be KRW 00 million, and the individual loan limit on “A” shall be in accordance with the criteria separately set by “A”.

(2) The term of loans shall be March 31, 2011 from the date the loan is handled.

Article 3 (Loan Interest Rate and Joint and Several sureties) (1) The loan interest rate that Party A handles for Party C shall be three months £«3.5%, and the prescribed overdue interest rate determined by Party A at the time of arrears shall apply.

(2) Eul shall set aside joint and several liability obligations for obligations of additional debtors (including persons who have been issued a written confirmation of change of name in the housing supply contract, and whose debt acquisition has been effective).

Article 6 (Payment of Loans) A shall pay the loans handled under this Agreement into the deposit account in which B reported by B with the payment delegation of C.

Article 7 (Recovery and Exchange of Loans) (1) Where the maturity of a loan meets the standards prescribed by A, the loan may be refunded to the relevant real estate security loan.

Before establishing the first-class mortgage of Party A, the lease(including a lease on a deposit basis) is made.

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