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(영문) 광주고등법원 2014.10.22 2014나1620
약정금
Text

1. The plaintiff's appeal and the plaintiff's selective claim in the trial after remand are all dismissed.

2. After an appeal is filed.

Reasons

1. This Arrangement of Basic Fact-Finding Project shall be concluded with a view to setting forth the general matters necessary for the smooth promotion of the sale project on the basis of mutual understanding and cooperation between A, the creditor financial institutions, the plaintiff and the defendant, who is the main agent of the apartment project and the defendant, who is an agent for the main agent of the apartment project

Article 3 (Duties and Obligations of Each Party) In order to facilitate the Project, A, the Plaintiff, and the Defendant shall faithfully perform the following duties and obligations:

1. A's duties and duties;

(a) Sale in lots and administrative affairs related to multi-family housing development projects under Article 2 with the Plaintiff’s loans;

D. Repayment of principal and interest of loans to plaintiffs related to this business;

(f) Obligations and responsibilities to entrust security trust (including management and disposal trust) for unsold goods in lots to a person designated by the weekly company;

(g) To delegate the management of funds, such as loans and agreements, to the defendant;

2. The plaintiff's duties and duties;

(a) Lending A loans to cover the project costs required for the project;

(b) The terms and conditions of loans to A are as follows: (1) Debtors; (2) Amount of loans: 2.5 billion won. (3) Period of loans and interest rate: 12% per annum per 12 months (24%).

3. The defendant's business and duties;

A. A’s assumption of the principal and interest of a debt to the Plaintiff upon default of the obligation (hereinafter “Agreement on the Acceptance of the principal and interest of the instant debt”);

(b) Article 4 (Transfer of Ownership by Units and Sale by Discount) of the Act on the Management of Funds A and Representation therefor as Weekors;

3. At the request of the defendant, a certificate of beneficial interest must be given to the plaintiff and the defendant as the first-class beneficial interest within the limit of the amount equivalent to 130% of the loans.

The Plaintiff, on October 17, 2005, entered into an agreement with A Co., Ltd. (hereinafter “A”) and the Defendant (the Defendant’s trade name at the time was a commercial mutual savings bank of the Co., Ltd.) regarding the instant apartment construction project, with C apartment housing of 118 units on a total of 3 households with 7,607 square meters above Cheongju-si, Seo-gu, Seoul (hereinafter “instant apartment”).

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