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(영문) 서울중앙지방법원 2015.02.12 2014가합549241
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Under each of the following facts, facts do not conflict between the parties, or may be found upon Gap evidence Nos. 1, 2, 7, 8, 9, 10, 15 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 5, 9, and 14, taking into account the whole purport of the pleadings.

Plaintiff

A Housing Association (hereinafter referred to as the “Plaintiff Association”) is a housing association under Article 32 of the Housing Act, which was authorized on August 29, 2007, in order to promote the business of constructing and selling L apartment in Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter referred to as the “instant business”), and the rest of the Plaintiffs except the Plaintiff Association are the members of the Plaintiff Association.

B. On June 5, 2009, the Plaintiff Mutual Aid Association concluded a loan and business agreement (hereinafter “the instant loan and business agreement”) with the New Capital Co., Ltd. (hereinafter “New Capital”), the Two Industries Co., Ltd. (hereinafter “Seoul Heavy Industries”), the Han River Primary Co., Ltd., the Han River Primary Co., Ltd., the Han River Primary Co., Ltd. (hereinafter “ Han River”), the National Bank of Korea, and M. for the purpose of raising business funds in the instant case.

The main contents of the instant loan and business agreement are as follows.

The outline of this project as set forth in Section 1 of this title shall be as follows:

1. Project name: L collective housing development project;

2. Borrower and Enforcement Agency: The Plaintiff Association; and

3. For the joint contractor and the assumption of the obligation: The definitions of paragraph (2) of the two industries; and

6. The term " lender" means the first lender Capitals at the time of conclusion of this agreement;

Provided, That each contract for the transfer of loan claims has been transferred to each securitization party, it means the Han River lender, a transferee of each claim, after the loan claims have been transferred to each securitization party.

10. The term "credit deadline for loans" means June 7, 2010, as the date on which a borrower shall repay the full amount of loans under this Agreement;

except that the loan maturity shall be extended in accordance with Article VI(2)(2)(ii) of this Arrangement.

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