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1. Plaintiff (Counterclaim Defendant)’s claim against Defendant A and Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant A Co., Ltd (hereinafter referred to as “Co., Ltd.” is omitted from the time of the second title of the Co., Ltd.) is running the business of constructing a new apartment house (hereinafter “instant business”) on the land outside and outside 28 parcels in Yeongdeungpo-gu, Young-gu, and entered into a housing sale trust contract with the Korea Housing and Urban Guarantee Corporation (the “Korea Housing and Guarantee Corporation”) on November 30, 2007, and with the content that the instant business site and new building are trusted to the Korea Housing and Urban Guarantee Corporation (the “Korea Housing and Guarantee Corporation”).
5 billion won in total of 2 billion won in Hyundai Savings Bank (former trade name: Incheon Mutual Savings Bank) 1.5 billion won in 1.5 billion won in 1.5 billion won in 1.5 billion won in e.g., Seoul Mutual Savings Bank (former trade name: Mutual Savings Bank (former trade name: Mutual Savings Bank); 6.3 billion won in e.g., Savings Bank (Seoul Mutual Savings Bank; Mutual Savings Bank); 5 billion in e.g., Daejeon Mutual Savings Bank 4.05 billion in e., Daejeon Mutual Savings Bank 3 billion in e.g., Daejeon Mutual Savings Bank 4.4 billion in e., 3 billion in e., Daejeon Mutual Savings Bank (Seoul Mutual Savings Bank; hereinafter referred to as Daejeon Mutual Savings Bank) 32 billion in 200,000 won in e.
B. In order to raise funds necessary for the instant project on January 26, 2010, Defendant A received loans from nine banks, including the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) Co., Ltd., Incheon Savings Bank, etc. (hereinafter “Defendant”) in total of KRW 32 billion as shown in the following table (PF).
(hereinafter referred to as “instant loan”. Article 5 (Disposition of Proceeds from this project after Performance of Parcelling-Out Guarantee) (1) The Defendant A and the lender are required to complete the responsibility of the Korea Housing and Urban Guarantee Corporation for the performance of the sales guarantee (performance of sale or refund) of the instant project after performing the responsibility of the Korea Housing and Urban Guarantee Corporation due to a guarantee accident, etc.