logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2017.08.17 2016가합1325
대여금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 257,363,013 and the interest rate thereon from October 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (formerly: D Co., Ltd.; hereinafter “B”) is the trial work of reinforced concrete structure E-ground reinforced concrete structure in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and multi-family housing and business facilities (hereinafter “instant building”) (hereinafter “instant building”). Defendant C is the owner of the instant building.

B. Upon requesting the Plaintiff to lend funds to be invested in the construction of the instant building, the Defendants provided the Plaintiff with a sales contract on October 23, 2013 regarding the instant building 402, 404, 405, and 407 to be newly constructed in the future in order to secure loan obligations.

C. Next, between the Plaintiff and the Plaintiff on October 28, 2013, the Defendants concluded an agreement with the Plaintiff to borrow KRW 300,000,000 from the Plaintiff (which may be subsequently agreed if the construction falls short of the funds) at 3% of the interest month, and at 1 month after the date of completion of the period of repayment (which January 31, 2014 as of the scheduled date of completion) (hereinafter “instant agreement”), and set up the Plaintiff’s promise (hereinafter “instant promise”). The main contents are as follows.

1. The 4 to 8th (40 households) of the instant building in accordance with Article 15 of the Construction Contract Agreement is all the shares of the Defendant B in conducting joint agreement projects between the Defendant C and one other and the Defendant B, and thus, the share of the Defendant B is guaranteed and the construction cost is only used as the construction cost by borrowing the construction cost.

(Deposit into the common account of a project owner or a contractor). 3. Sales contract shall be made at the same time with a seal imprint affixed by Defendant C with a seal imprint certificate affixed.

4. The borrowed amount shall be the priority for repayment with the share of the construction works and the loan for share of the construction works within one month after the completion of construction, and if it is impossible to repay, the unit of a contract for sale in lots shall be registered and transferred to the plaintiff.

5. This undertaking shall take effect after the completion inspection.

On October 30, 2013, the Plaintiff only 150,000,000 won in Defendant C’s Han Bank account.

arrow