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(영문) 서울북부지방법원 2019.12.12 2017가합26052
용역대금 및 위약금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(a)be paid in cash in the following accounts (excluding surtax), and Party A may not raise any objection:

(Account Details omitted) Provided, That in the event of a financial institution’s handling fee, it shall be unrelated to the service cost under this subsection and shall otherwise proceed with a separate rate.

Article 7 (Duty of Good Faith) A shall perform the affairs of arranging loan and related advisory services as a trustee of a case in accordance with good faith and sincerity by fulfilling his duty of good faith.

Article 10 (Termination and Rescission of Contracts)

3. If the other party fails to comply with or violates this Agreement, the other party may be required in writing to correct it, and if the other party in receipt of the request for correction fails to comply with it within the notified period even though he has received the notice of the request for correction, the party who has received the request for correction shall pay a penalty not later than 15 days after receipt of written notice to the other party.

(*The penalty is irrelevant to service cost*).

After the end of the management body’s P/F financing loan 1), the Plaintiff created data related to loans with FF Co., Ltd. and G Co., Ltd. on the basis of the data received from the management body of this case, and tried to find out whether it is possible to lend P/F loans for the reconstruction of this case to domestic financial institutions, and H (hereinafter “H”) around June 2016.

) After consultation with the applicant, the applicant has submitted a loan application with net credit amounting to 3 billion won (the above loan application is written by Defendant C as the applicant, and by Defendant B and 53 as the surety who provides the instant building site and the ground building as security.

(2) In fact, the instant management body did not actually provide a loan. (2) Ultimately, from around November 2016 to around March 2017, the amount equivalent to KRW 3 billion from the I Association (hereinafter “I Association”) and the J Association (hereinafter “J Association”).

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