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(영문) 수원지방법원 2017.06.08 2016나60560
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3:

On April 23, 2008, the Plaintiff entered into a business agreement (hereinafter “instant business agreement”) with C Co., Ltd. (hereinafter “C”) and with D and E on April 23, 2008, with respect to part payments loans to buyers of the Gangseo-gu Busan Metropolitan Government F and G H apartment (hereinafter “instant apartment”) constructed by D, and entered into a contract on the guarantee of interest payment for part payments, with respect to part payments loans to buyers of the Busan Metropolitan Government F and G H apartment (hereinafter “instant apartment”).

The Business Agreement (hereinafter referred to as the "A"), C (hereinafter referred to as the "B"), D (hereinafter referred to as the "C"), and A (hereinafter referred to as the "A (hereinafter referred to as the "A"), shall enter into force, and shall approve that the basic terms and conditions of credit transaction of the "A" shall apply to the apartment to be supplied to the seller for the sale of the apartment of this case (including the person who purchased the apartment after obtaining the consent of the "A" and the "B"; hereinafter referred to as the "B") with respect to the apartment to be supplied by the buyer for the sale of the apartment of this case (hereinafter referred to as the "B"), and agree as follows:

Article 1 (Subjects and Subjects of Loans) (1) Those subject to loans handled by “A” shall be those who are deemed eligible for loans from among “B”.

Article 3 (Loan Interest Rate, etc.) (2) The loan interest rate for “B” is the preferential payment rate by the time the real estate mortgage loan is exchanged.

Article 5 (Payment, etc. of Loans) The term "A" shall refer to the loans dealt with under this Agreement to the account of sales revenue for each block of "B".

Article 6 (Joint Guarantee) ① “B” and “A” are indicated below with respect to all expenses incurred in relation to the principal, interest, overdue interest, and legal procedures, etc. of “A”.

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