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(영문) 서울중앙지방법원 2018.05.17 2017가합511803
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who carried out a business of constructing and selling commercial facilities, etc. (hereinafter “instant building”) with the fourth and tenth floors underground (hereinafter “instant building”) on the site located in Siposi-si (hereinafter “instant site”).

B. The Defendant is the Plaintiff’s lender (the Defendant, D, E, and F) bank that extended the funds for the instant development project (hereinafter “instant development funds”) to the Plaintiff.

C. On March 18, 2014, the Plaintiff agreed with the lender, etc. on the development project of this case as follows:

(hereinafter “instant agreement”). The term “the loan maturity” as defined in Article 1 of the instant development project-related project and loan agreement (65 billion won) refers to the date on which the borrower has to fully repay the principal and interest of the loan, and five years have elapsed from the first withdrawal date, but if the date is not the business day, it shall be the following business day.

The term "prepaid repayment" means the repayment of all or part of the loans by the borrower before the repayment date of the principal of the loan in accordance with the conditions prescribed in Article 7 (4) of this Agreement.

§ 3. Loan agreement amount under subsection (1) through (3) of the loan agreement amount under the said subsection (1) through (2) of the loan agreement and the ratio of participation of the lender in the loan shall be as follows:

The lender Bank B B 35 billion won B 350/65 billion won, D 150/65 billion won 150/650 billion won D 15 billion won 75.5 billion won 75/650 billion won in total, F 75/65 billion won in total, 650/650 billion won 65.5 billion won in total, and 750/650 billion won in 650/650 billion won in 65.7 billion won in 650/6500, and repayment (1) of the principal of paragraph (2) of this Article shall repay the loan withdrawn pursuant to Article 4 on the date of the loan.

Paragraph 4. Early repayment of the loan (3) The borrower shall, at the request of the lender, use the amount deposited in the fund management account as the repayment resources, and i.e., attached Table 15. of the Regulations on the Business and Business of the Financial Investment Company before the completion of the building.

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