매매대금반환
1. The Plaintiff:
A. DefendantG Co., Ltd: (a) KRW 21,300,000,000 and its substitute for KRW 1.25% per annum on May 4, 2012; and (b) May 5, 2012.
1. Facts of recognition;
A. The Plaintiff’s investment contract 1) Defendant G Co., Ltd. (hereinafter “Defendant G”)
) The business of constructing and selling the I building after purchasing the land of Goyang-gu Goyang-gu Goyangyang-gu H (hereinafter referred to as the “instant business”).
(1) A company is an executor of the company, and a company is one alternative investment asset management company (former name: one asset management company; hereinafter referred to as “Defendant One Asset Management”).
(1) The project financing loans (P/F) of the instant project are invested in the project financing loan (P/F) No. 38 of the Ireland chips privately placed real estate investment trust (hereinafter “the instant fund”).
(1) Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup”) is a collective investment entity that created and operated the business.
(2) On May 2, 2012, Defendant G loaned 21.3 billion won as the purchase price, etc. of the instant project site to Defendant G on and from May 2, 2012 (hereinafter “instant loan”) at KRW 36 months from the date of the first withdrawal of the due date for repayment, interest rate of 6.25% per annum, and delay damages damages (hereinafter “instant loan”) to Defendant G, while performing various authorization and permission business necessary for the instant project (Article 2-4), Defendant G breached the instant loan agreement (Article 2-4), and otherwise, Defendant G agreed that if there is a cause for nonperformance, such as a breach of the instant loan agreement, the interest due to the instant loan obligation shall be lost without a separate peremptory notice.
(Article 10-1 Item 9 and Article 10-2 (1) Item 2). In addition, Defendant G agreed to designate the first priority beneficiary under the disposal trust agreement for the instant project site, etc. as Defendant Agricultural Cooperative in order to secure the instant loan obligation.
(Article 2-3 and 5-2) On May 2, 2012, the Plaintiff entered into an agreement with Defendant Han Asset Management and Nonghyup on the acquisition of claims for the instant loan claims (hereinafter “transfer of claims of this case”) as follows (hereinafter “transfer of claims”).
On the same day, Defendant G prepared a written consent of transfer with a fixed date concerning the assignment of the instant claim and delivered it to the Plaintiff.
(1) Defendant.