자금집행요청에 대한 승낙의사표시등
1. As to the request made on June 24, 2014 by the Plaintiffs, the Defendant’s Debtor Rehabilitation obligor.
1. Determination on the claim against the defendant bank
A. 1) On April 21, 2006, the Plaintiffs concluded a contract for construction and business (hereinafter “instant business agreement”) with the Dongyang Construction Industry (hereinafter “Dongyang Construction Industry”) (hereinafter “Dongyang Construction Industry”) and the construction and business agreement (hereinafter “instant business agreement”) with the Plaintiff, on the 6th underground and the 41st ground-based complex building (hereinafter “instant building”) on the land owned by the Plaintiffs in Sungsung-si F, G, and H block (hereinafter “instant land”). The main contents are as follows.
Article 5 (Contracts for Construction Works)
1. The contract amount of the instant construction shall be KRW 3,900,000 (excluding value-added tax) per deliberation on the total floor area, and it shall be subject to consultation and coordination in accordance with the changed estimate conditions at the time of confirmation of design or authorization or permission;
Article 8 (Order of Apportionment of Revenues)
1. All the distribution of revenues generated in connection with the instant business shall be made according to the following order, and a detailed agreement shall be made at the time of entering into a loan business agreement:
(1) Repayment of the plaintiffs' loans and interest on borrowings (the amount whose repayment period has expired pursuant to the loan business agreement with the borrowing financial institution) that the same construction industry guaranteed by the sameyang Construction Industry. (2) The expenses for the construction of the same construction industry for which the payment period has expired out of the project cost agreed upon with the plaintiffs and the same Yangyang Construction Industry.
4. Where the development gains of the instant project exceed five million won, the Plaintiffs should pay the amount equivalent to 50% of the excess amount in addition to the construction cost of the same construction industry.
Provided, That if the development gains of this project do not exceed five million won due to inevitable circumstances, the construction costs of the same construction industry shall be paid.