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(영문) 대구지방법원경주지원 2020.11.04 2019가단3007
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 75,860,000 won and its amount shall be 4.0% per annum from February 19, 2020 to April 19, 2020.

Reasons

1. Facts of recognition;

A. On July 16, 2018, Defendant D entered into a sales contract with Defendant E Regional Housing Association (hereinafter “Defendant Association”) by setting the sales price of KRW 189,80,000 with respect to G apartment H units newly constructed and sold by Defendant Association in Filwon-si (hereinafter “instant apartment units”).

B. On July 19, 2018, Defendant D concluded an intermediate payment loan agreement and a security offer agreement with the Plaintiff for the payment of intermediate payments pursuant to the above sales contract as follows.

(hereinafter “the instant loan agreement” and “the instant loan agreement”: The amount of loans extended 132,860,000∑; the expiration date of the loan period: The floating interest rate prevailing on May 11, 2019: (a) the interest rate per annum; (b) the interest rate per annum plus the overdue interest rate of 3.0% per annum in addition to the interest rate per annum; and (c) the obligor’s items to be sold in the name of the instant building, among the buildings in this case, shall be offered as security for the maturity of the intermediate payment loan; and (d) the obligor shall not offer as security in the first order

C. On October 27, 2016, the Defendant Union concluded an agreement with the Plaintiff and the non-party I Co., Ltd. (hereinafter “City Co., Ltd.”) to provide a collective loan for the buyers of newly-built apartment buildings, and the Defendant Union and the Si Co., Ltd. to provide a joint and several guarantee therefor. Accordingly, the Defendant Union and the Si Co., Ltd entered into the said agreement with the Plaintiff to provide a collective guarantee for all obligations the buyers currently and future due to the loan of the general pre-sale to the Plaintiff within the limit of 130% of the amount of the intermediate payment loan (hereinafter “instant collateral guarantee agreement”).

On March 21, 2019, the registration of ownership preservation was made in the name of the Defendant Cooperative on the instant apartment, and the registration of ownership transfer was made in the name of the Si Corporation on the grounds of the “water repayment” on July 1, 2019, and on July 9, 2019, the trust was held in the name of the Nonparty JJ Company.

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