지체상금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, as the executor of the Plaintiff’s loan agreement and the Defendant’s succession to the Defendant’s contractor status, concluded a loan and business agreement for the instant project with C and D, on November 27, 2013, under the joint and several guarantee of C and D, the Plaintiff entered into a loan and business agreement with C and D, the Mere comprehensive Financial Securities Co., Ltd. (hereinafter “T”) on the part of the lender, the trust company, the trust company, the trust company, the non-real estate trust company (hereinafter “trust”), and the KNS Co., Ltd. (hereinafter “previous Corporation”).
The Plaintiff was paid a loan from the lender on November 28, 2013, which is the date of the execution of the loan stipulated in the above agreement.
In the event that the progress of the instant project is difficult due to the nonperformance of existing construction works, on April 11, 2014, the Plaintiff, joint and several sureties, lender, and trust company entered into an agreement with the Defendant to change the contractor of the instant project (hereinafter “the first loan agreement”) with the Defendant to the Defendant.
On the same day, the Plaintiff and the Defendant concluded the construction contract for the instant new construction project (hereinafter “the first construction contract”) in addition to the previous loan agreement.
The main contents of the initial loan agreement and the initial construction contract are as follows:
Article 2 of the Initial Loan Agreements
9. “Time limit for loan” means the 20th anniversary of the date on which the loan is held (if not a business day, the following business day).
However, if the maturity of a loan is extended according to the deadline and method prescribed in Article 4(2) of this Agreement, the extended maturity shall be deemed the maturity of the loan.
10. The term "loan Agreements" means that the lender has agreed to grant a loan to the borrower in accordance with this Agreement and does not exceed 21 billion won in total, including 4.6 billion won of a lump-sum loan and 16.4 billion won of a limited loan.