beta
(영문) 서울중앙지방법원 2013.08.28 2010가단229139

대여금

Text

1. The defendant shall pay to the plaintiff KRW 276,218,766 and KRW 147,631,550 among them. From December 31, 2009 to September 29, 2010.

Reasons

1. Basic facts

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

The defendant is the person who succeeded to the status of the buyer of the building in this case.

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.

- ASEAN - 【Development Project Agreement : Han Heavy Industries C: The trust agreement for Han Heavy Industries C: The agreement between the parties to the agreement of Article 1 (Agreement) of the Plaintiff is 'E Redevelopment Project' or 'E Redevelopment Project'.

'Dong loan' of the plaintiff, which is a financial institution for this case.

(1)The purpose of this Arrangement is to provide for the allocation of duties and responsibilities necessary for justice so that the funds for the Project are safely managed and the loan is repaid normally. Article 4(1)(1)(1), 2(2)(2)(1)(1), 2(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)