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(영문) 서울중앙지방법원 2016.01.21 2015가합525709

계약금반환 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 29, 2009, Samsung Mutual Savings Bank Co., Ltd.’s loan claims against Samsung Mutual Savings Bank Co., Ltd. (hereinafter “ Samsung Mutual Savings Bank”) loans KRW 4,500,000 at an annual interest rate of KRW 10,000 (22% per annum) and the due date of payment until February 28, 2010. As of the date of the instant lawsuit, the above loans (hereinafter “instant loans”) are totaling KRW 8,830,014,849.

B. On February 18, 2010, as a result of the waiver of the right to implement the project and the preparation of a letter of transfer of the right to implement the project on the sea-ro, a third-party mutual savings bank prepared and issued a letter of waiver and transfer of the right to implement the project as follows (hereinafter “instant letter of transfer”).

I agree to waive the project implementation right and to not raise any objection against the following with respect to the construction of apartment factories on the ground of the instant real estate (hereinafter referred to as the “this project”) in order to ensure the smooth implementation of the project:

1. In the event of the occurrence of a cause for the loss of the term under a credit transaction agreement entered into with us, or a cause for default, us would transfer us the right to implement this project to the designated person at the time of the above written notice (hereinafter “alternative”) without any condition if us gives us a written notice of the transfer of the right to implement this project.

At this time, we shall actively cooperate in all acts such as the implementation, execution, execution, sale, supervision and design of all procedures (such as the transfer of ownership of the project site of this case, the change of the truster, the change of the project operator, etc.) for the transfer of the project execution right, as required by your company and the substitute executor.