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(영문) 서울남부지방법원 2015.01.22 2014가합109311
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 208, the Fair Zone No. 1 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Fair Financial Investment Business Co., Ltd.”) and the gold industry, the plaintiff and the contractor (hereinafter “gold industry”), respectively, entered into a business agreement, loan agreement, and fund supplement agreement concerning the promotion of the above rearrangement project (hereinafter “instant business agreement”), and the instant loan agreement, and the instant fund supplement agreement.

According to the above agreement, the Plaintiff was selected as an agent bank for the above improvement project, and the fair PFV entrusted the site for the improvement project and the ground building to the trust company, and continued the project by borrowing KRW 130 million from the Plaintiff.

The terms of each of the above agreements are as follows.

1) The fair TPPV provides the Plaintiff with preferential rights to benefit from trust real estate as a security, and manages all the proceeds from loans, revenues, etc., management, and the withdrawal of funds in the name of the gold industry (Articles 8 and 24(1) of the business agreement, and Article 10(1)2 of the Loan Agreement) through the loan operation account in the name of the gold industry (see Articles 8 and 24(1) of the business agreement, and Article 10(1) of the Loan Agreement). If the fair TPPV fails to pay the loan obligations, such as the repayment of principal and interest, by the due date, it loses the benefit due, and thereafter deposits into the operating account of the above loan, and the amount that the Plaintiff received from the fair TPPV shall be appropriated for the principal of the loan prior to the loan interest (see Articles 11(4) and 24(6) of the Loan Agreement, Articles 7(2) and 13(1)3 of the Loan Agreement). The gold industry should be deposited only for the above loan operation agreement (see Article 12 of the above loan agreement.

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