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(영문) 광주고등법원 2020.10.28 2019나22608

분양대금반환 등

Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

. The purport of the claim is.

Reasons

Basic Facts

The Defendant is the developer of the construction of the E apartment complex constructed on the land outside Gwangju D and 14 lots (hereinafter referred to as the “instant apartment complex”), and the seller of the instant apartment complex. The Plaintiff is the buyer of the said apartment complex.

Co-Defendant B of the first instance trial (hereinafter referred to as “B”) is a financial institution that provides part payments to buyers pursuant to the part payments loan agreement with the Defendant.

Around September 2015, the Defendant entered into an agreement with the B Association, F Association, G Association, and H Co., Ltd., the contractor of the apartment complex of this case regarding the implementation of an intermediate payment loan to the buyer of the apartment complex of this case (hereinafter “instant business agreement”), and the contents of this case relating thereto are as follows.

The FF Associations, B Associations, G Associations (hereinafter referred to as the "A") and executive officers of the Defendant (hereinafter referred to as the "B") and the Si Corporation H Co., Ltd. (hereinafter referred to as the "A") shall enter into a business agreement as follows and faithfully implement the agreement in good faith:

Article 1(Purpose)The objective of this Convention is to determine matters necessary for A to implement an intermediate payment loan to the buyer (hereinafter referred to as the "contractor") in relation to the construction of the instant apartment complex in which B enters into force and C performs the construction of the instant apartment complex.

Article 7 (Continuing Guarantee) B and C shall comply with the following provisions in guaranteeing obligations to justice A:

(1) B and C are jointly and severally liable for repayment of defined part payments loans to Gap, and in the following cases, they shall immediately repay the principal and interest of the loan (including damages for delay and incidental expenses; hereinafter the same shall apply):

Where a contract for defined sale expires due to the cancellation, cancellation, cancellation, invalidation, etc. of a contract for sale in lots, ② Where B or C makes a substitute payment for the principal and interest of a defined loan, A shall pay it by subrogation.