logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.09 2017가합536574
구상금
Text

1. The Plaintiff:

A. Defendants are jointly and severally liable for 41,255,910,515 won and 39,882,378,566 won among them.

Reasons

1. Basic facts

A. The Plaintiff is a construction project of “D business” (hereinafter “instant business”) that constructs an apartment complex in the area of Vietnamn, a project for constructing an apartment complex in the area of C.

B. Defendant A (hereinafter “Defendant A”) is an investor of the instant project and owns 100% of the said company’s shares by establishing the E Limited Liability Company (hereinafter “E”) on the Vietnam’s site as an investor of the instant project.

E is the executor of the instant project, and Defendant B is the representative director of Defendant A and E.

C. The Plaintiff, as a contractor, is an investor of Defendant A, and Party E, as a project implementer, concluded a contract for construction works on March 21, 201 and set the duty to perform each of the instant projects in promoting the instant project.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of claim

A. On April 27, 2011, Defendant A and E entered into a “business and loan agreement” with the Military Personnel Mutual Aid Association, and with the content that funds necessary for the construction costs and other project costs of the instant business are loaned and provided as security for the said loans.

B) A loan under the foregoing arrangement consists of T Bank 1 and T Bank 2. The amount of each loan, borrower, and joint guarantor are as follows (the Plaintiff was also a joint guarantor at the time of the foregoing agreement, but the Plaintiff was excluded from the joint guarantor through a revised contract on June 21, 2013.

2) The Plaintiff agreed to jointly take over all the secured debt of Defendant A and E immediately when the cause for loss of profit under the contract occurred to Defendant A and E, the borrower, and the borrower. The lender was changed from the Military Mutual-Aid Association to the Defendant E, Defendant B, and Defendant B C, a joint guarantor of the borrower of KRW 20 billion loan of KRW 20 billion, through a multiple asset acquisition agreement, and thereafter, the lender was changed from the Military Mutual-Aid Association to the Defendant E, Defendant A, and the NA global banking company.

arrow