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(영문) 부산고등법원 2014.12.23 2014나1409

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The Plaintiff’s Defendant CX, X, Y, and corporation expanded from the trial.

Reasons

1. The facts following the facts do not conflict between the parties, or are recognized in full view of the statements in Gap evidence 1, 2, 3, 5, 25, evidence 3, evidence 4-3, evidence 5, 7-7-5, evidence 5, 12, 14, 15, 19, 20, 25, 27, 30, 33, 38, 40, 43, 44, 48, 52, 54, Gap evidence 14, and 27, and the whole purport of the arguments in this court.

A. The Plaintiff and other 11 financial institutions (including the Plaintiff’s Federation, Suhyup Bank, Daegu Bank, Bank, Bank of Korea, Korea Investment Securities, Gwangju Bank, Green Cross Life, Green Cross Life, Modern Marine Fire, and Korean Securities Finance (Supplementary), and the lender (hereinafter “the lender of the instant case”) composed of the Plaintiff and other 11 financial institutions (including the Plaintiff’s Federation, Suhyup Bank, Daegu Bank, Bank, Korea Investment Securities, Gwangju Bank, Green Cross Life, Modern Life, Hyundai Marine Fire, and Korean Securities Finance (hereinafter “the lender of the instant case”). The Plaintiff and the Nonparty Company (hereinafter “B”), which entered into a loan agreement with the lender of the instant case with the size of KRW 300,00,00,00,00 for project financing (hereinafter “the instant project”), shall be the representative bank of the instant lender of the instant case.

B. Co-Defendant A of the first instance trial (hereinafter “A”) is a person who actually operated the instant project B and the corporation E (hereinafter “E”), a contractor of the instant project. The Defendants concluded a sales contract with B with each of the D apartment units (hereinafter “each of the instant apartment units”), such as the details on the acquisition of the ownership of the apartment units, or entered into a new concept pre-sale agreement or future pre-sale agreement with respect to each of the instant apartment units as stated in the attached Form No. B, or the successor to the said sales contract, or entered into a new concept pre-sale agreement as to each of the instant apartment units.

C. B on November 24, 2005, the loan limit of KRW 300,000,000 between the lender group of this case and the lending limit of KRW 300,000,00 in order to raise land purchase price, initial business expenses, and reserve operation funds for the execution of the project of this case.