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(영문) 서울중앙지방법원 2013.08.20 2010가단228587
대여금
Text

1. As to KRW 323,421,462 and KRW 172,89,750 among the Plaintiff, the Defendant shall from December 31, 2009 to June 24, 2010.

Reasons

1. Basic facts

A. B (hereinafter “B”) is a redevelopment project under the former Urban Redevelopment Act (repealed by Act No. 6852 of Dec. 30, 2002), which is a project implementer of Jongno-gu Seoul Metropolitan Government and its main complex building (hereinafter “instant building”) to newly construct and sell the instant building on the land outside Jongno-gu Seoul and 61 lots (hereinafter “instant project”). The Hanjin Heavy Industries Co., Ltd. (hereinafter “Kjin Heavy Industries”) is a construction contractor of the instant building that received a contract from B for the construction of the instant building, and the New Real Estate Trust Co., Ltd. (hereinafter “New Estate Trust”) is a trust company of the instant project that received a trust for the instant building site from B and is entrusted with all affairs of fund management, such as receipt of all funds, such as sale price, and payment of the principal and interest of construction loan, etc., and the Plaintiff is a trust company of the instant project with respect to the instant project.

B. On August 12, 2002, the Plaintiff entered into an agreement with the same content as the attached Table 1 (hereinafter “instant business agreement”) with respect to the instant business (hereinafter “instant business agreement”) (around December 2002, the Plaintiff, the Plaintiff, and the Hanjin Industries entered into a business agreement with respect to the Plaintiff’s intermediate payment loan to the buyers of the instant building (hereinafter “instant business agreement”).

C. B, while selling the instant building without obtaining authorization for the change of the management and disposition plan, was ordered by D competent authorities to suspend selling the instant building (B, despite the above order, sold the instant building by June 2003) and did not meet the sale requirements, etc., and continued the instant project from June 2003.

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