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(영문) 대구지방법원경주지원 2020.12.15 2019가단2745
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 67,740,000 won and its amount shall be 4.0% per annum from February 19, 2020 to April 19, 2020.

Reasons

1. Facts of recognition;

A. On April 28, 2016, the Plaintiff and Defendant E Regional Housing Association (hereinafter “Defendant Association”) and the F Co., Ltd. (hereinafter “City Co., Ltd.”) concluded a loan transaction agreement with the content that the Plaintiff would allow the buyer of H apartments newly constructed in the G G G Gwon (hereinafter “instant building”) to run a collective medium-sized loan loan (hereinafter “instant agreement”) with the same content as the existing loan transaction agreement on October 27, 2016, and concluded a loan transaction agreement with the content that changes the loan interest rate, loan period, and additional damages for delay.

On April 27, 2017, the Plaintiff, the Defendant Cooperative, and the Si Corporation added IF to the instant Convention and agreed to change the loan interest rate and the loan period. On May 16, 2019, the instant agreement was amended as follows: “In consultation with each other about the extension of the expiry date from May 11, 2019 to August 31, 2019 due to inevitable causes, such as delay of construction, and the extension of the loan from May 11, 2019 to August 31, 2019, the Plaintiff and the Defendant Cooperative and the Si Corporation, which are joint and several sureties, will be fully responsible from the Defendant Cooperative and the Si Corporation, which are the joint and several sureties.”

Article 2 (Terms and Conditions of Loans) (2) The terms and conditions of individual loans requested by non-resident (referred to a buyer; hereinafter the same shall apply) in accordance with this Convention shall be 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: 24 months (Provided, That where any transfer of ownership within the loan period exists, the transfer date) Article 4 (Joint and Several Guarantees) (1) Byung (referring to the plaintiff; hereinafter the same shall apply) handle any part payment loan in the name of non-resident;

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