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(영문) 수원지방법원 2016.06.24 2014가합70705
손해배상(기)
Text

1. The plaintiff's conjunctive claim against the defendant A shall be dismissed.

2. Defendant B shall pay to the Plaintiff KRW 18,592,730.

Reasons

1. Basic facts

A. On June 30, 2014, the Plaintiff entered into the instant business and loan agreement (hereinafter “instant loan agreement”) with respect to the instant business by means of project financing (PF) from Han Bank Co., Ltd. and Hyundai Capital Co., Ltd., Ltd. (PF) as the executor of the business that newly constructs and sells D apartment units (hereinafter “instant apartment units”) on the ground of Suwon-si, Suwon-si, the Plaintiff entered into the instant business and loan agreement (hereinafter “instant loan agreement”) with the content that loans 19,841,800,000 funds relating to the instant business. The main contents are as follows.

[The instant business and loan agreement] The instant business and loan agreement were concluded between the following parties on July 30, 2014.

The lender: Han Bank, Hyundai Capital Co., Ltd., Nonghyup Bank, Nonghyup Bank, Dongbu Fire and Marine Insurance Co., Ltd., Hyundai Llof Life Insurance Co., Ltd., Murz fire and marine insurance Co., Ltd., Haneman Life Insurance Co., Ltd., Haneman Life Insurance Co., Ltd., Haneman Life Insurance Co., Ltd., Hyundai Lloz Integrated Securities Co., Ltd., and "trust company" means one asset trust entrusted with this project site under a management-type land trust agreement.

II.(Business Scope and Roles)Duties and duties of the Borrower in Section 1.

1. Matters necessary for the commencement and performance of construction works, such as securing complete ownership of the necessary purchase site in the present project site, (Intermediate omission), specification of the present project site from the possessor, removal of the present project site, and removal of wastes from the present project site;

4. Costs involved in the conclusion of a management-type land trust contract, etc., trust fees, etc., and conditions subsequent thereto to the first withdrawal under Article 3 (3).

4.In the name of the borrower in respect of the portion of the requisite purchase site, other than the state-owned and public land, within five (5) business days from the date of initial withdrawal.

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