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(영문) 서울중앙지방법원 2014.05.30 2013가합88367 (1)
구상금채권부존재확인 등
Text

1. All part of the instant lawsuit’s confirmation of the authenticity of deed shall be dismissed.

2. The defendant of the plaintiff Saldiia Co., Ltd.

Reasons

1. Basic facts

A. (i) The Plaintiff Seocho-gu Seoul Seocho-dong, Seocho-gu, Seoul (hereinafter referred to as the “Seisdi”) is the executor of the instant project that newly constructs and sells the instant building on the 5th underground and the 15th underground floors above the 1309-9 and the 15th floor above the instant land (hereinafter referred to as the “instant land”). The Defendant doublesan Heavy Industries Co., Ltd. (hereinafter referred to as the “Tan Heavy Industries”) is the contractor of the instant building on January 28, 2008, the construction of the instant building was contracted by the Plaintiff Seisdiia, and the Plaintiff Seissi Co., Ltd. (hereinafter referred to as the “Seissi”) is the special purpose company established to raise funds necessary for the instant project, and the Korea Exchange Bank (hereinafter referred to as the “Korea Exchange Bank”) is the bank that entered into an entrustment contract and asset management contract with the Plaintiff.

B. On January 30, 2008, the Plaintiff Dolsan made a loan agreement with Dulsan Co., Ltd. (hereinafter “Dulsan”) to raise funds necessary for the instant business, and received KRW 120 billion from Dulsan. At the time, the Defendant 200 Heavy Industries agreed to take over the loan obligations against Dulsan in case of the occurrence of the cause of loss of interest based on the Plaintiff Malsan.

At the time, when the Plaintiff Salone did not pay the principal and interest, interest in arrears, and other financial obligations of the Plaintiff Salone as the cause of loss of the due date, the Plaintiff determined that the principal and interest of the loan can not be exercised until the repayment of the principal and interest of the loan was made by the Plaintiff Salone and Salone Heavy Industries.

(1) On January 30, 2008, and July 29, 2008, the employer of the Republic of Korea transferred the Plaintiff’s right to loans under the above loan agreement, the security right, and any other rights and the position of the lender.

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