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(영문) 인천지방법원부천지원 2016.11.25 2016가단112862
양수금
Text

1. As to KRW 188,762,971 and KRW 110,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 188,762,971 from April 4, 2016 to April 29, 2016.

Reasons

1. Basic facts

A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is an executor who newly constructs and sells apartment B (hereinafter “instant apartment”) in Yongsan-gu, Busan Metropolitan City. New Eastdong Construction Co., Ltd. (hereinafter “Sadong Construction Co., Ltd.”) entered into a contract for the construction of the instant apartment with Dlimz and the construction of the instant apartment. The Plaintiff extended intermediate payments to the purchaser of the instant apartment to the purchaser of the instant apartment around September 2013, the Seoul Agricultural Cooperative Co., Ltd. (hereinafter “Saz”).

under the loan agreement of this subsection is a company that has taken over a loan claim.

Article 3 (Provision of Loans) (1) The Nonghyup shall grant the lending limit to part payments pursuant to this Convention to persons deemed eligible for loans by Nonghyup among prospective occupants separately notified from drats.

(2) The agricultural cooperative shall deposit the amount into a deposit account designated by the dratz by implementing a loan within the limit of loans agreed with a prospective resident at the date determined by the drat and prospective occupants.

Article 4 (Cooperation in Recovery of Claims by Nonghyup and Agricultural Cooperatives) (1) In the event that the Agricultural Cooperative claims for the repayment of loans to prospective occupants in the part payment loan to prospective occupants of Nonghyup due to the occurrence of the cause of loss of profit under the loan transaction basic terms and conditions of the Agricultural Cooperative, the prospective occupants delay the repayment of loans, dratts and New East Asian Construction shall immediately cancel the sales contract for prospective occupants, and preferentially appropriate the principal and interest (including damages for delay) of the Agricultural Cooperative to prospective occupants as the down payment and the part payment already paid by the Agricultural Cooperative, within three months from the date of notification.

B. On January 208, 2008, the Korea National Agricultural Cooperative Federation agreements with regard to part payments loans to the buyers of the apartment of this case.

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