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(영문) 대구지방법원경주지원 2020.11.04 2019가단2738
대여금
Text

1. The Defendants shall be jointly and severally liable to the Plaintiff, and the amount of KRW 103,860,000 shall be from February 19, 2020 to April 19, 2020.

Reasons

1. Facts of recognition;

A. On July 17, 2018, Defendant D entered into a sales contract with Defendant E Regional Housing Association (hereinafter “Defendant Association”) by setting the sales price of KRW 229,80,000 with respect to G apartment H units newly constructed and sold in Filwon-si by the Defendant Association (hereinafter “instant apartment units”).

B. On July 19, 2018, Defendant D concluded an intermediate payment loan agreement and a security offer agreement with the Plaintiff for the payment of intermediate payments pursuant to the above sales contract as follows.

(hereinafter “the instant loan agreement” and “the instant loan agreement”: The amount of loan extended 160,860,000∑; the expiration date of the loan period: the floating interest rate prevailing on May 11, 2019: (a) the interest rate per annum; (b) the interest rate per annum plus the overdue interest rate of 3.0% per annum in addition to the loan interest rate per annum; and (c) the obligor’s items to be sold in the name of the instant building, among the buildings in this case, shall be offered as security for the maturity of the intermediate payment loan; and (d) the obligor shall not offer as security in one order

C. On October 27, 2016, the Defendant Union concluded an agreement with the Plaintiff and the non-party I Co., Ltd. (hereinafter “City Co., Ltd.”) to provide a collective loan to the Plaintiff for the buyers of newly built apartment houses, and to provide a joint and several guarantee to the Defendant Union and the Si Co., Ltd.. Accordingly, the Defendant Union and the Si Co., Ltd. concluded an agreement with the Plaintiff to provide a joint and several guarantee to the Plaintiff for all obligations that the buyers currently and future due to the loan of the general pre-sale loan (hereinafter “instant collateral guarantee agreement”) within the limit of 130% of the amount of the intermediate loan.

On March 21, 2019, the registration of ownership preservation was made in the name of the Defendant Cooperative on the apartment of this case, and the registration of ownership transfer was made in the name of the Si Corporation on the grounds of the “water repayment” on July 1, 2019, and Nonparty 1 on July 15, 2019.

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