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(영문) 서울중앙지방법원 2013.12.13 2010가단229337
대여금
Text

1. The defendant shall pay to the plaintiff KRW 228,452,164 and KRW 122,122,50 among them, from December 31, 2009 to June 24, 2010.

Reasons

1. Facts of recognition;

A. The Plaintiff is a financial institution that extended part payments to the buyers of the instant building with respect to the new construction and sale of one unit (D; hereinafter “instant building”) of the main complex building (hereinafter “instant building”) on the land other than Jongno-gu Seoul Metropolitan Government, Jongno-gu, and 61 lots of land that B Co., Ltd. (hereinafter “B”) designated as the contractor for the Hanjin Heavy Industries (hereinafter “Korea Heavy Industries”), and the Plaintiff was a purchaser who concluded a sales contract for officetels (209) among the instant building.

B. On August 12, 2002, the Plaintiff entered into a development project agreement on the instant project with the Korea Development Project Co., Ltd. (hereinafter “New Trust”) and the Korea Development Project Agreement with respect to the instant project (hereinafter “instant development project agreement”). The main contents of the development project agreement are as follows.

Article 4 (Obligation to Apportionment and Cooperation) (1) B, Jin Heavy Industries, Life Trust, and the Plaintiff shall share their respective duties and cooperate in good faith for the successful completion of the project and the normal repayment of the loan, and shall be responsible therefor.

(2) The roles and duties of B; 11. Responsibility to pay interest to a buyer until the time an intermediate payment, loan is provided and transfer of ownership is transferred;

2. Completion of a liability for a building within the specified construction period under the construction contract agreement;

4. Submission of a written undertaking of completion guarantee at the time of lending part payments by a buyer.

2. Performance of all proxy duties concerning fund management, such as receipt of all funds, such as sale price, loan, and payment of construction expenses, and principal and interest of loan.

1. Payment of loans prescribed by Article 6;

2. Article 5 (Conclusion of Individual Contract) (1) of the implementation of part payments loans as prescribed in Article 13 (Conclusion of Individual Contract) (B) and the Plaintiff’s loan limit is KRW 100 million.

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