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(영문) 부산지방법원 2015.12.03 2012가합45170
매매대금반환
Text

1. For the plaintiffs:

(a) Defendant E: 500,000,000;

B. Defendant D Co., Ltd. is jointly and severally with Defendant E.

(b).

Reasons

Basic Facts

A. Defendant School Foundation C (hereinafter “Defendant C”) shall establish a special purpose corporation (SPC) in order to raise project costs, and complete the financial financing services and the guarantee of liability. If a PF loan is not obtained or a debt approval is not granted, this contract shall become null and void. The right to lease a commercial building shall be held by Defendant C, a special purpose corporation (SPC) in consultation with Defendant C and the cost of the sale of a commercial building shall be borne by the special purpose corporation (hereinafter “instant project”). The sale of a commercial building shall be carried out by the Special purpose corporation (hereinafter “PP”) in August 2, 2010, when concluding a contract with the construction work (Evidence No. 10-3).

B. On August 11, 2010, Defendant D Co., Ltd. (hereinafter “Defendant D”) was established in accordance with the terms and conditions of the said contract, and on September 13, 2010, Defendant D Co., Ltd. entered into a business agreement with the project implementer and the borrower, Defendant C’s assumption of obligation, and Defendant D’s representative director as joint and several sureties (Evidence A; hereinafter “instant business agreement”).

The purpose of this Convention is to provide for the allocation of duties and responsibilities between the parties for the efficient and smooth performance of the Project, the procurement of construction costs, and the normal repayment of loans.

Article 4 Apportionments of Duties and Cooperation (1) The parties shall share their duties to ensure the normal repayment of the completion of this project and the principal and interest of loans, and shall faithfully perform their duties and cooperate and assume their responsibilities accordingly.

(2) The borrower shall be excluded from the duties delegated to other parties under this Convention and individual contracts and from the duties of limited performance thereof.

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