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(영문) 서울중앙지방법원 2015.06.03 2014가합526118
우선순위확인의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) Plaintiffs (former company’s trade name before the change of the Plaintiff’s DNA Investment Securities Company: Korean Investment Securities Company and Plaintiff KDB Life Insurance Co., Ltd. before the change of the business and loan agreement of this case: Gold Life Insurance Co., Ltd. (hereinafter “A”) are as follows.

(B) A Company A is equipped with sppha, contact drawings, soft and ancillary facilities (hereinafter referred to as “instant project”) on a lot of 57 parcels, B, and B.

The lender who borrowed funds necessary to enforce the instant project is the Corporation for the instant project. 2) The Plaintiffs and the Korean Bank for Korea (hereinafter referred to as the “Korea Bank,” the Plaintiffs and the Korean Bank for Korea (hereinafter referred to as the “Korea Bank”) also referred to as the “Korea Bank,” and on November 16, 2006, the lender borrowed funds of KRW 135 billion necessary for the instant project to A, and the Co., Ltd (hereinafter referred to as the “C”) and the representative director D jointly and severally guaranteed all obligations to the lender group of the Company A related to the instant project, and the content of the agreement related to the instant project is as follows:

§ 1-2. Summary of this project

5. Period for construction: A period from the commencement date of the construction project to the nearest twenty-four months.

6. Commencement: Within 8 months from the date of withdrawal.

7. Commencement of sale in lots: Article 1-4 (Scope and Roles of Duties) (2) The scope and role of the defendant shall be as follows within the limit of ten months after the commencement of sale in lots:

5. Liability completion (including approval for use), pre-use inspection of completed business buildings, and pre-delivery management of management companies A or management companies, defect repair liability after completion, and liability for delay in occupancy due to the Defendant’s cause, up to October 15, 2009, both of the loan agreement and loan agreement funds of T Bank Bank Bank B.

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