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(영문) 서울중앙지방법원 2013.08.22 2010가단229627
대여금
Text

1. The Defendant’s KRW 810,496,592 and KRW 433,263,00 among them shall be from December 31, 2009 to June 22, 2010.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) is the executor of the construction and sale project of the main complex building on the surface of Jongno-gu Seoul and 61 lots (hereinafter “instant building”) (hereinafter “instant project”), and the Hanjin Heavy Industries Co., Ltd. (hereinafter “Kjin Heavy Industries”) is a contractor awarded a contract for the construction of the instant building from B.

The defendant is a buyer who has concluded a sales contract with B on part of the building in this case.

Section 1 (Agreement Party) This Arrangement shall be concluded between B (hereinafter referred to as "A"), the implementer of the project, the Hanjin Heavy Industries (hereinafter referred to as "B"), the trust agent and the trust agent, the trust agent and the trust agent (hereinafter referred to as "the agent"), and the Plaintiff (hereinafter referred to as "A"), the financial institution, with respect to the Plaintiff's loan (hereinafter referred to as "Dong Loan"), which is a financial institution for the D Zone Redevelopment Project (hereinafter referred to as "this Project").

(Purpose of this Arrangement) The purpose of this Arrangement is to prescribe the necessary division of duties and responsibilities of “A”, “B”, “A”, and “A” so that the funds for the Project can be managed safely and the loan can be repaid normally.

Article 4 (Allocation of Duties and Obligation for Cooperation) (1) “A”, “B”, “A”, “J”, and “J” shall share their respective duties and cooperate in good faith for the successful completion of the project and the normal repayment of the loan, and shall be responsible therefor.

(2) Roles and duties of “A”

1. To secure ownership of the entire project site referred to in Article 3, and to order the possessor who is likely to cause any trouble to this project;

4. The entire project site is registered as collateral trust to “B”; 11. Responsibility to pay interest by the time the intermediate payment to the buyer is extended and the transfer of ownership is transferred; however, “B” and “B” shall actively cooperate in the preservation of claims of the intermediate payment lending financial institution.

12. Obligations to repay the principal and interest of loans.

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