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(영문) 의정부지방법원고양지원 2016.12.16 2016가단12772
대여금
Text

1. The Plaintiff:

A. As to KRW 481,716,353 and KRW 279,50,00 among them, Defendant A shall be from March 25, 2016 to April 26, 2016.

Reasons

1. Basic facts

A. The non-party Dratts Co., Ltd. (hereinafter “Dratts”) that entered into a contract for sale in lots is the implementer of D apartment constructed in the Seocho-gu Seoul Metropolitan City (hereinafter “instant apartment”) and the new East Asian Construction Co., Ltd. (hereinafter “new East Asian Construction”) is the contractor.

On January 25, 2008, Dlimz entered into a sales contract with Defendant A for the sale of the instant apartment units of KRW 412 Dong 1903 to KRW 559,000,00.

Under the above sales contract, when the defendant receives part payments, the dratts agreed to bear the interest on the day before the beginning date of the occupancy.

B. The Plaintiff entered into a loan agreement with the Plaintiff (National Agricultural Cooperative Federation prior to subdivision) to implement an intermediate payment loan among the sales price, and deposit the loan into the account designated by the dratz.

(2) The Defendants agreed to receive loans from the Plaintiff for the intermediate payment of the instant apartment in accordance with the guidance of Dlimz pursuant to the foregoing loan agreement. The Defendant, as the obligor of the loan transaction agreement, voluntarily stated “279,500,000 won” in the Defendant’s name and address, and the loan amount column as the obligor of the loan transaction agreement, shall prepare a loan transaction agreement in which the remainder of the column is vacant, and “the instant loan agreement” is “the instant loan agreement.”

(2) Defendant B prepared and delivered a collateral guarantee with the limit of KRW 335,400,00,000 among the above loan obligations to each Plaintiff, and Drhz jointly and severally guaranteed the Defendants’ obligations under the instant loan agreement. (3) According to the said loan agreement, the Plaintiff performed a loan of KRW 279,50,000 and deposited the loan in the account designated by Drhz.

C. Dlimz’s interest payment and notification of the commencement date of occupancy on March 18, 201 is about March 31, 201 to the buyers of the instant apartment, including the Defendant, the starting date of occupancy is from March 31, 201, and it is generated from March 31, 201.

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