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(영문) 서울중앙지방법원 2017.04.26 2016가합545014

대여금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 4,185,00,00 and the Defendants Company B and D with respect thereto on June 1, 2012.

Reasons

1. Facts of recognition;

(a) Article 4 (Joint and Several Guarantees and Loans) 1 of the Agreement on Construction Works, joint and several sureties, as follows:

b)B (Plaintiffs; hereinafter the same shall apply) from financial institutions to borrow loans from the financial institutions in order to provide financing for the purchase of land for the project and for the project costs in order to promote this project;

(2) At the time of joint and several sureties with respect to the loans referred to in paragraph (1) (1) of the same Article, A and B shall enter into a separate agreement on the guarantee obligation of B, and in this case, A shall submit to B a notarial note equivalent to the amount of the joint and several sureties.

(3) A shall repay loans referred to in Article 10 (1) (1) 1 with the top priority in the shares of A in the amount of sales proceeds distributed under Article 10 (1).

2) The loan is to be dealt with as follows: (1) After the conclusion of this Agreement, Eul may, at the request of Gap, pay the loan of eight billion won (a commitment note, three-month maturity) to the deposit expenses for the payment of land costs, part payments and remainder payments (a separate agreement) and Gap shall be repaid within seven days from the date of borrowing when borrowing the PF funds referred to in paragraph (1) 2 of this Agreement.

② The term “Defendant B” as well as the term “Defendant B” under Article 2(1)(2) of the same Act refers to the term “Defendant B” (hereinafter “Defendant B”) on June 24, 2003.

(1) As to the construction project of the Incheon E E, the Plaintiff is the contractor and the Defendant B as the contractor, and the contract for the construction project within 23 months from the date of the commencement of the construction period (excluding value-added tax).

A. The terms and conditions of the construction contract attached to the instant contract (hereinafter referred to as “the instant contract terms and conditions”).

The contents of the instant case are as follows:

(b) loans;