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(영문) 서울동부지방법원 2015.02.04 2013가단118783
대여금반환
Text

1. The Plaintiff, Defendant C and D, jointly and severally, KRW 23,000,00, Defendant E and F, jointly and severally, KRW 23,000,000, and Defendant G 23,100.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter referred to as “A”) is a construction project for new apartment (hereinafter referred to as “the instant apartment”) in Namyang-si, Nam-si. Defendant C, E, and G are the buyers of the instant apartment complex. B. Defendant C, E, and G between the above Defendants on the date indicated in the separate loan agreement, and the relevant “date of lease” as stated in the separate loan agreement is 1/2 of the down payment (10% of the parcelling-out price) under the pertinent Defendants’ apartment contract with the pertinent Defendants on the date indicated in the separate loan agreement (hereinafter referred to as “loan”) and lend money equivalent to 5% of the parcelling-out price (hereinafter referred to as “the instant loan”); Defendant C, E, and Defendant C, E, and C are not able to use the loan money for the purpose of selling the apartment complex or set up the deposit for the purpose of selling the apartment complex with the Plaintiff at the time of signing the agreement for the purpose of selling the lease contract (hereinafter referred to as “the instant contract”) as follows.

(2) For the security of this loan, the buyer of the facility shall determine the amount of the loan as the issue amount, and the date of initial occupancy with the due date for sales contract.

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