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(영문) 인천지방법원 부천지원 2017.01.19 2016가단12061
대여금
Text

1. The Defendant’s KRW 699,696,708 and its weight to the Plaintiff:

A. From March 23, 2016 to April 22, 2016, KRW 369,000.

Reasons

1. Basic facts

A. Dlimz Co., Ltd. (hereinafter “Dlimz”) is an executor who newly built and sold an apartment unit B (hereinafter “instant apartment”) in Yongsan-gu, Busan Metropolitan City. New Eastdong Construction Co., Ltd. (hereinafter “Sadong Construction”) entered into a contract for new apartment construction with Dlimz, and newly built the instant apartment unit, and the Plaintiff loaned an intermediate payment to the buyer of the instant apartment.

(At that time, the National Agricultural Cooperative Federation made a loan, but on March 2, 2012, the Plaintiff was divided and established in the National Agricultural Cooperative Federation, and the subject of the loan was changed to the Plaintiff.

On January 208, the Plaintiff and Dlimts and Newdong Construction entered into a business agreement (hereinafter “instant business agreement”) with respect to part payments loans to the buyers of the instant apartment. Among them, the relevant contents of the instant agreement are as follows.

Article 3 (Provision of Loans) (1) The Agricultural Cooperatives (referring to the plaintiff; hereinafter the same shall apply) shall grant a loan limit to part payments pursuant to this Convention to persons deemed eligible for loans by agricultural cooperatives from among prospective residents separately notified of Dr.m.

(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 of delay in the repayment of loans to prospective occupants by Nonghyup due to the occurrence of the cause of loss of profit under the terms and conditions of credit transaction of Nonghyup in the part payment loan to prospective occupants of Nonghyup, if the agricultural cooperative claims the repayment of loans to prospective occupants, Dratts and New East Building Construction is notified by the Agricultural Cooperative for the recovery of the agricultural cooperative's claims, and the prospective occupants are already subject to cancellation of the sales contract for prospective occupants.

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