공탁금출급청구권확인
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The second preliminary entry of the Plaintiff (Counterclaim Defendant) added in the appellate trial.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”, and the other companies omitted the entry “stock company”) is the executor of the new construction and sale business of the D Apartment-si, Namyang-si (hereinafter “instant apartment”), and F is the contractor.
B. On March 30, 2008, I concluded a sales contract with C on March 26, 2008 with respect to the instant apartment house J (hereinafter “First apartment”) and L (hereinafter “I, etc.”) on March 26, 2008 with respect to the instant apartment house K (hereinafter “Second apartment”) respectively.
C. On May 19, 2008, the parties to the Loan Convention at the time of the defendant at the time of the defendant on May 19, 2008, as the part of the banking business of H organizations or H organizations was separated and comprehensively succeeded to the defendant's rights and obligations. Thus, the defendant is "the defendant" without distinguishing before and after succession for convenience.
The instant apartment buyers entered into a loan agreement (hereinafter “instant loan agreement”) with respect to part payments and collective loans that the Defendant would receive from the Defendant.
The main contents are that the defendant executes part payments loans to the buyer within 40% of the total selling price (60% of the total selling price in the case of a housing finance credit guarantee) and C, etc. are joint and several surety for the above loan obligations.
Accordingly, I et al. entered into a loan transaction agreement with the defendant on May 20, 2008 (i.e., 407,000,000 won x 40% x 162,80,000 won in total from the defendant around that time.
E. On May 14, 2010, I et al. concluded a credit guarantee agreement with the Plaintiff and the amount guaranteed to KRW 40,700,000 (100%) respectively, and received a credit guarantee agreement, and received loans from the Defendant as collateral KRW 40,700,000 from the Defendant as the sixth intermediate payment on May 20, 2010.
F. F is committed by F in the 2010 crisis due to the invasion of a construction competition at the end of the end of 2010, and some of the buyers decline in real estate prices.