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1. The Defendants are liable to the Asian Trust Co., Ltd. for business under the name of the business operator indicated in the attached Form.
Reasons
1. Basic facts
A. The Defendants purchased a parcel outside D and 51 m24,070 square meters (hereinafter “instant real estate”) in Yangju-si, and promoted the business of constructing a new apartment on the ground, and obtained approval for the housing construction project plan under the Housing Act for the content that newly constructs a unit of 476 households on the instant real estate from the Yangju market (attached Form; hereinafter “instant project”) on February 18, 2013.
B. On August 25, 201, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), the Korea Savings Bank (hereinafter “New Savings Bank”), the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) and the Korea Private Savings Bank (hereinafter “Plaintiff Co., Ltd.”) concluded a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) to lend funds necessary for the instant business with a loan amounting to KRW 12,90,000,000 (hereinafter “instant loan agreement”), and thereafter, on several occasions, the date of the last repayment of the principal and interest of the loan through a modified loan agreement was set as August 26, 2013.
C. Article 6-3 of the loan agreement of this case provides that where Defendant A, a borrower, has lost the profit under the above loan agreement, the right to execute the project of this case shall be waived and the right to execute the project of this case shall be transferred to the lender, such as Korea Savings Bank, etc., and the main contents are as follows.
Article 6-3 (Waiver, etc. of Right to Implement Project)
1.In the event of a loss of interest resulting from, or cause for, the Borrower, unless otherwise agreed, shall have the Borrower (or shall have the Borrower carry out its obligations under this Section; hereinafter the same shall apply) carry out this Project, even if there is no such agreement.