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Reasons
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(영문) 광주지방법원 2011.06.02 2010가합8756
약정금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 17, 2005, the Plaintiff entered into an agreement with the Defendant with respect to the C Apartment-gu Seoul Metropolitan Government 7,607 square meters of a total of 118 households with respect to the construction of three apartment buildings on the ground of Cheongju-si B large 7,607 square meters of a total of 118 households.

Article 3 (Duties and Obligations of Each Party) In order to facilitate the Project, A, the Plaintiff, and the Defendant shall faithfully perform the following duties and obligations:

1. A's duties and duties;

(a) Sale in lots and administrative affairs related to multi-family housing development projects under Article 2 with the Plaintiff’s loans;

D. Repayment of principal and interest of loans to plaintiffs related to this business;

(f) Security trust (including management and disposal trust) for unsold goods in lots to a person designated by the weekly company, and the duty to deposit and liability therefor;

(g) To delegate the management of funds, such as loans and agreements, to the defendant;

2. The plaintiff's duties and duties;

(a) Lending A loans to cover the project costs required for the project;

(b) The terms and conditions of loans to A are as follows: <1> The amount of loans to A: 2.5 billion won. <3> The period of loans and interest rate: 12% per annum per 12 months (24%).

3. The defendant's business and duties;

A. The undertaking of principal and interest of A’s obligation to the Plaintiff upon default of the obligation of A (hereinafter “Agreement on the Acceptance of Principal and Interest of the instant obligation”);

(b) Affairs related to financing management and agency services for A as a daytime;

B. On October 18, 2005, the Plaintiff entered into a credit transaction agreement with A on October 18, 2005 with a credit limit of KRW 2.5 billion, interest rate of KRW 12% per annum (24% per annum), and due date of repayment of October 18, 2006, and lent KRW 2.5 billion to A on the same day.

C. On October 18, 2005, the Plaintiff entered into a credit transaction agreement with D Co., Ltd. (hereinafter “D”) with a credit limit of 2.5 billion won, interest rate of 14% (2.4% per annum), and due date of payment on October 18, 2006, and lent 2.5 billion won to D on the same day.

The defendant should pay the loan if D is not paid between the plaintiff and the plaintiff on the same day.

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