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(영문) 서울중앙지방법원 2013.09.26 2010가단229382

대여금

Text

1. The defendant shall pay to the plaintiff KRW 801,169,380 and KRW 428,277,00 among them, per annum from December 31, 2009 to July 1, 2010.

Reasons

1. Facts of recognition;

A. The status of the party is that the Plaintiff is a financial institution that lent the business funds, etc. related to the following projects to B Co., Ltd. (hereinafter referred to as “B”); B around August 2002, Jongno-gu Seoul, and the main complex building D (hereinafter referred to as “instant project”); and B is the executor of the construction and sale business of one unit (D) of the main complex building (hereinafter referred to as “instant building”); and the Hanjin Heavy Industries Co., Ltd. (hereinafter referred to as “Korea Heavy Industries”) is the contractor of the instant project.

The defendant is a buyer who has concluded a sales contract between B and B with respect to officetels 413 and 414.

B. On August 12, 2002, the development project agreement B entered into a development project agreement (hereinafter “instant development project agreement”) with the Hanjin Industries, the Han Heavy Real Estate Trust Co., Ltd. (hereinafter “New Real Estate Trust”) and the Plaintiff on the project site secured by the Plaintiff with the funds borrowed from the Plaintiff, with the content that Han Heavy Industries newly constructs and parcels out the instant building (hereinafter “instant development project agreement”). The part relating to the instant development project agreement is as follows.

Section 1. (Party to Agreement) This Arrangement shall be concluded between B (hereinafter referred to as “A”), the contractor, the contractor, the Hanjin Heavy Industries (hereinafter referred to as “B), the trust administrator, and the Plaintiff (hereinafter referred to as “A”) who is a financial institution for the E redevelopment project (hereinafter referred to as “this project”), with respect to the Plaintiff’s loan for the redevelopment project.

Section 2. (Purpose of this Arrangement) The purpose of this Arrangement is to provide for the division of duties and responsibilities necessary for justice so that the funds for the Project are managed safely and the loan is repaid normally.

Article 4 (Duty Apportionment and Cooperation Obligation) (1) A, B, C, and Jung shall share their respective duties in good faith for the successful completion of the project and for the normal repayment of the loan.