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(영문) 서울중앙지방법원 2014.09.26 2013가합32180

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (i) The joint loan agreement of this case was implemented by Jongno-gu Seoul, Jongno-gu, 226-1, which newly constructs and sells the 6th underground and the 22th above ground-ground business and sales facilities, as well as by the urban environment rearrangement project (hereinafter the project of this case; hereinafter the Si Construction Gold Industry Co., Ltd.).

(B) The Plaintiff and the Defendants (including the Plaintiff and the Defendants). The 16 banks, including the Plaintiff and the Defendants, constituted a lender group in accordance with the intermediation of the subsidiary securities, and entered into a business and loan agreement with the content of the joint loan (hereinafter “instant joint loan agreement”) with a total of KRW 94.5 billion in the development of the loan set at six months after the loan maturity (hereinafter “instant joint loan agreement”).

The main contents of the instant joint loan agreement are as shown in the attached list 1, and the distribution clause of the instant joint loan agreement and the distribution clause of the 1,2, and3 amended contracts are as listed in the attached Table 3. The financial manager and the financial manager were subsidiary securities and the proxy bank were solomon mutual savings banks.

The amount of loans to each lender out of the total amount of 94.5 billion won under the joint loan agreement of this case is as shown in the corresponding column of the attached Table 2.

at the time of the joint loan agreement of this case, the same speech and development shall make a lump sum repayment of the loan on the date of loan, can make a repayment without fees even before the loan maturity, interest on loan is paid in advance, a joint collateral security is established in respect of the project site to be acquired from the loan of this case, a pledge is established in the loan management account, a pledge is established in the loan management account, a pledge is created in respect of the entire shares of the same speech and development, or a joint and several surety is received from the officers of the same speech and development, and the construction finance industry

At the time, the development of the same loan was temporarily granted from the lender and received the PF loan from other financial institutions through the provision of business site and the joint and several guarantee of the Si construction.