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(영문) 서울고등법원 2016.04.07 2015나2051317
분배금청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. Basic facts

A. Han-gu Construction Co., Ltd. (hereinafter in the case of a company, the title of “stock company” is omitted) is an executor of the business of constructing and selling apartment and neighborhood living facilities on the land of 263-1 and 21 lots of land (hereinafter “instant business”). On or around December 29, 2005 and December 7, 2006, the Bank of Korea, the Korea Exchange Bank, the Korea Exchange Bank, the Green Cross Life Insurance, the Gabath, and the Gabath Capital (hereinafter the “existing lender”) borrowed KRW 80 billion in total twice from the existing lender.

B. On May 28, 2009, Hanwon Construction changed its trade name to the Sungwon Construction Bank, which is the contractor of the instant project, (i) Hyundai Switzerland Mutual Savings Bank, (ii) Hyundai Switzerland Mutual Savings Bank, (iii) Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank, and Hyundai Switzerland Mutual Savings Bank, respectively, changed its trade name into the ASEAN Savings Bank, SB Savings Bank, SB Savings Bank, SB Savings Bank, and SB three Savings Banks on November 1, 2014. (iii) On September 23, 2014, she was merged into the ASEAN Savings Bank; and (iv) on September 23, 2010, the Plaintiff concluded the additional construction agreement with the lender, etc. (hereinafter referred to as the “additional Loan Agreement”); and (vii) on September 23, 2010, the additional loan agreement was concluded with the lender, etc. (hereinafter referred to as the “Additional Loan”).

In addition, on the same day, Han loan construction entered into an agreement to amend the existing loan agreement of the existing lender group and the relationship between the instant additional loan agreement of the additional lender group between the existing lender group and the existing lender group on the same day (hereinafter “instant business change agreement”).

(c) the existing lender;

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