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(영문) 서울중앙지방법원 2016.02.02 2014가합54828
구상금 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the party is the owner of the building of the Gangnam-gu Seoul Metropolitan Government BJ 1,485.8§³ and the 10th floor office and bank building of the above ground reinforced concrete structure (hereinafter collectively referred to as the “instant real estate”). C (hereinafter referred to as the “C”) is the execution agent of the apartment and main complex construction project within the Yeonsu-gu Incheon Incheon E Urban Development Zone (hereinafter referred to as the “instant project”), and the Defendant is the construction agent of the instant project.

B. The Plaintiff’s participation in the instant project (1) solicited the Plaintiff to participate in the instant project from C to provide the instant real estate as collateral for the instant project financing loan by C.

(2) On February 12, 2007, the Plaintiff’s representative director F lent KRW 3.1 billion to G, a major shareholder of C, and C, on July 5, 2007, upon F’s consent, assumed debt of KRW 3 billion out of the above debt owed to GF.

(3) On March 13, 2007, DabC Co., Ltd. (hereinafter “DabC”) and C entered into a joint agreement for the joint implementation of the instant project.

(4) H practically operated by F lent KRW 6 billion to C on April 9, 2007.

(5) On April 11, 2007, the High S&C borrowed 40 billion won from the Hyundai S&C Bank, and C and its representative director jointly and severally guaranteed the above principal and interest obligation.

C. On March 12, 2008, the Plaintiff and C and the Plaintiff concluded a contract to provide the instant real estate as collateral from March 15, 2008 to “the indication of the period of loan for the loan for housing projects” for the loan of KRW 5 billion by C and the Plaintiff to receive KRW 20% of the amount of the entire loan for the instant project portion from March 15, 2008.

(2) On March 14, 2008, C concluded a credit transaction agreement with the Hyundai Swiss Savings Bank and received a loan of 5 billion won. In order to secure the above loan obligations, C shall have the maximum debt amount of 6.5 billion won as to the instant real estate on March 17, 2008.

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