beta
(영문) 수원지방법원 2018.06.28 2017나70854

구상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Gangseo-gu Seoul Metropolitan Government Co., Ltd. (hereinafter “Semanz”) is a company that newly built and sold the apartment in Busan Metropolitan Government B and CD apartment (hereinafter “the apartment in this case”) and the Young-gu Housing Co., Ltd. (hereinafter “Yeman Housing”) is a construction company of the apartment in this case.

B. On April 23, 2008, the Plaintiff entered into a business agreement on the loan of part payments by the buyer of the apartment house in this case with Han Capital Co., Ltd. (hereinafter “ Han Capital”), Handoz, and Young-gu Housing, and entered into a guarantee agreement on interest payment. The main contents of the said business agreement are as follows.

The Business Agreement (hereinafter referred to as the "A") recognizes the application of the basic terms and conditions of credit transaction of A in relation to apartments that are supplied to the buyer of the Gangseo-gu Busan Gangseo-gu D apartment unit (including the buyer of the apartment unit with the consent of the "A" and the "B"; hereinafter referred to as "B") and the plaintiff (hereinafter referred to as the "J") by "B" and "B" and the seller of the apartment unit (including the buyer of the apartment unit with the consent of the "A" and the "B"; hereinafter referred to as "B") performed by the seller of the apartment unit for two parcels of Gangseo-gu Busan Gangseo-gu (hereinafter referred to as "B"), and agree as follows:

Article 1 (Subjects and Subjects of Loans) (1) Those subject to loans handled by “A” shall be those who are deemed eligible for loans from among “B”.

Article 3 (Loan Interest Rate, etc.) (2) The loan interest rate for “B” is the preferential payment rate by the time the real estate mortgage loan is exchanged.

Article 5 (Payment, etc. of Loans) The term "A" shall refer to the loans dealt with under this Agreement to the account of sales revenue for each block of "B".

Article 6 (Joint Guarantee) ① “B” and “A” intend to jointly join all the expenses arising from the loan principal, interest, overdue interest, and legal procedures, etc. of “no,” as indicated below.

(hereinafter referred to as "not being omitted").