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(영문) 서울중앙지방법원 2018.07.13 2017가합511537
위약벌
Text

1. The Defendant shall pay KRW 735 million to the Plaintiff the annual interest rate of KRW 19% from December 28, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a financial investment business entity that runs financial investment business, such as investment brokerage business, under the Financial Investment Services and Capital Markets Act. The Defendant is a business that mainly aims at the construction and civil engineering business and that newly constructs multi-family housing and neighborhood living facilities with a total of 2,581 households on the main complex site (Eable block) within the area of the area planned for the area for the station area development project of Jung-si, Government-si (hereinafter “instant development project”).

B. On November 15, 2016, between the Plaintiff and the Defendant, the Plaintiff and the Defendant drafted and sealed a sub-loan to raise funds necessary for the implementation of the instant development project (if the funds take place until the time when sufficient funds are collected, a loan by means of a short-term loan, etc.) and a project financing loan (hereinafter “PF loan”), and a financial supervising and arranging contract (hereinafter “instant contract”) that the Plaintiff would provide management and intermediary services for the said loan transactions with respect to the transaction without any credit or physical security of the business owner who intends to promote the foundation of the financing when lending money, and without any credit or physical security of the business owner who intends to promote the project itself. The main contents are as specified in the attached Table.

C. Meanwhile, on December 13, 2016, the Defendant entered into a financial consultation agreement with F Co., Ltd. (hereinafter “F”) on the instant development project with respect to land-backed loans, and borrowed KRW 22 billion by the F from F on December 28, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 8, 23, and 24, and fact-finding with F by this court, the purport of the whole pleadings

2. The Plaintiff, the cause of the claim, pursuant to the instant contract, has an exclusive and exclusive status in charge of and arranging loan transactions in relation to the instant development project, and subject to consultation with the Defendant, loans of 73.5 billion won for the said development project.

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