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(영문) 서울중앙지방법원 2013.12.13 2010가단228860

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties concerned is that the Plaintiff loaned funds for the business and intermediate payment to the buyers with respect to the new construction and sale of one unit (C; hereinafter “instant building”) of the Hanjin Heavy Industries Co., Ltd. (hereinafter “Ssco industry”) designated and implemented as the contractor for the Hanjin Heavy Industries Co., Ltd. (hereinafter “Sco industry”) on the land of Jongno-gu Seoul, Jongno-gu and 61 parcel of land (hereinafter “the instant building”). The Defendant is the buyer who signed a sales contract for officetels (603) among the instant building.

B. On August 12, 2002, the Plaintiff entered into a development project agreement on the instant project (hereinafter “development project agreement”) with the Scco industry, the Hanjin Heavy Industries, and the Han River Real Estate Trust Co., Ltd. (hereinafter “Scco industry”). The main contents of the development project agreement are as follows.

Article 4 (Duties Sharing and Cooperation) ① Bosco Industry, Hanjin Heavy Industries, Life Trust, and the Plaintiff shall share their respective duties in good faith for the successful completion of the project and the normal repayment of the loan, and shall cooperate with each other in good faith, and shall be responsible therefor.

(2) Roles the roles and duties of the Bosco industry; 11. Responsibility to pay interest to buyers by the time of payment of part payments, loan promotion and transfer of ownership;

2. Completion of a liability for a building within the specified construction period under the construction contract agreement;

4. Submission of a written undertaking of completion guarantee at the time of lending part payments by a buyer.

2. Performance of all proxy duties concerning fund management, such as receipt of all funds, such as sale price, loan, and payment of construction expenses, and principal and interest of loan.

1. Payment of loans prescribed by Article 6;

2. Article 5 (Conclusion of Individual Contracts) (1) of the implementation of part payments loans provided for in Article 13.