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(영문) 대구지방법원경주지원 2020.12.09 2019가단2943
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 108,200,000 won and 3.0% per annum from April 23, 2020 to May 18, 2020.

Reasons

1.Recognition of recognition. (2) The terms and conditions of an individual loan requested by a non-resident (referred to a buyer; hereinafter the same shall apply) pursuant to this Convention are as follows:

1. Object objects: The building of this case sold by Gap (referring to the defendant association; hereinafter the same shall apply) in lots;

2. Lending method: Installment payments pursuant to an intermediate payment schedule under a supply contract with Gap;

3. Limit on loans: 70% of the parcelling-out price.

4. Loan interest rate: 4.2% ( modified interest rate).

5. Term of loan: In the event that Byung (referring to a plaintiff; hereinafter the same shall apply) takes an intermediate payment loan in the name of no person, the term "A" and "B (referring to a Si construction; hereinafter the same shall apply) shall guarantee Byung's obligation to repay the principal, interest, damages for delay and expenses (the principal, interest, damages for delay and expenses) jointly and severally to Byung for 24 months (where the ownership transfer exists within the loan period, the date on which the ownership transfer occurs);

(Provided, That the guarantee contract for Gap and Eul with Byung shall be based on the contract for the probationary guarantee used by Byung, and the guarantee liability for Gap and Eul shall be in accordance with the contents of the contract for probationary guarantee.

Article 5 (Grounds for Loss of Benefit from Medium-Term Loans) (1) Where any of the following causes occurs, no benefit of the term shall be lost, and sick persons may request non-permanent persons to pay the principal and interest of loan immediately:

4. Where he/she has completed the registration of ownership transfer of a house subject to loan under the name of a third party or free of charge without repaying the total amount of principal and interest of loan, or without converting Byung into a real estate mortgage loan with regard to an intermediate payment loan under this Convention;

7. Where a cause for the loss of term interest under the terms of a loan transaction agreement concluded between non-existent and Byung has occurred and the term interest has been lost.

Article 9 (Obligation to Cooperate in Preservation of Rights) (1) A and B shall be free of charge.

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