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(영문) 인천지방법원부천지원 2016.11.18 2016가단12481
대여금
Text

1. As to KRW 707,209,948 and KRW 412,00,00 among them, the Defendant shall pay to the Plaintiff KRW 707,209,948 from March 23, 2016 to April 27, 2016.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, and the whole purport of the arguments and arguments.

Dratts Co., Ltd. (hereinafter referred to as “Dratts”) is an executor who newly built and sold apartment units in Ilyang-gu, Busan. Newdong Construction Co., Ltd. (hereinafter referred to as “Newdong Construction Co., Ltd.”) entered into a contract with Dratts for construction of new apartment units, and constructed such contract. The Defendant entered into a sales contract for Dratts and the above apartment units (hereinafter referred to as “instant apartment units”) with 402 Dong 1803 (hereinafter referred to as “instant apartment units”).

B. Around 2009, the Defendant entered into a contract with the Plaintiff (hereinafter “the instant loan contract”) to lend money for the intermediate payment of the instant apartment (hereinafter “the instant loan contract”) with the Plaintiff (the National Agricultural Cooperative Federation was the National Agricultural Cooperative Federation at the time, but the credit business, including the loan to the Defendant, was divided and established by the Plaintiff; hereinafter “the time”).

C. The conditions applicable to the instant loan are as follows.

Loan: 412,00,000 Loan Commencement Date: Interest rate on July 17, 2009: MOR (3 months): 2.890% Delay interest rate: Application of Article 3(5) of the Basic Terms and Conditions for Loan Transactions (for Books)

D. At the time of the conclusion of the instant loan agreement, the Defendant submitted to the Plaintiff a letter of commitment to the effect that the Plaintiff agreed to lend the instant loan to the Plaintiff by means of dividing the instant loan and directly remitting it to the account of Dratts and Newdong Construction (hereinafter “instant letter of commitment”).

E. From July 17, 2009, the Plaintiff implemented a loan by dividing the loan into the instant loan agreement and the instant letter of commitment and depositing the loan into the account of Drhz and New East Construction. Drhz’s loan until April 29, 201.

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