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(영문) 서울중앙지방법원 2014.12.09 2014가합557655
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Joint Loan Agreement of this case (hereinafter “Dong Dam Development”) is the same as the same dam Development Co., Ltd.

) The Jongno-gu Seoul Metropolitan Government urban environment rearrangement project (hereinafter referred to as the “instant project”) shall be conducted in the area of the 6th underground and the 22th above ground-ground 26-1, which is newly constructed and sold in the area of the 3rd ground-based project.

2) On May 7, 2008, 2008, 16 banks, including the Defendants, constituted a lender group in accordance with the arrangement of the Solo Savings Bank Co., Ltd. (hereinafter referred to as the “ Solo Savings Bank”) and 16 banks, including the Defendants, entered into a business and loan agreement (hereinafter referred to as the “instant co-loan agreement”) with the same dam development, setting a total of KRW 94.5 billion as six months after the loan due date.

The main contents of the instant joint loan agreement are as shown in attached Table 1, and the distribution clause of the instant joint loan agreement and the distribution clause of the 1,2, and3 amended contracts are as listed in attached Table 3. The financial manager and the financial manager were subsidiary securities and the proxy bank were solomon mutual savings banks.

The amount of loans by lender among the total amount of loans under the joint loan agreement of this case 94.5 billion won is as shown in the corresponding column of attached Table 2.

3) At the time of the instant joint loan agreement, the same loan development is to make a lump sum repayment on the loan maturity; it is possible to repay the loan interest without any fee even before the loan maturity; to make a prior payment for the loan interest; to establish a joint collateral security on the project site to be acquired from the loan management account; to set a pledge on the loan management account; to establish a pledge on the entire loan development stocks; or to obtain a joint and several guarantee from the officers of the loan development; and to the gold Industry Co., Ltd., Ltd., the project of this case (hereinafter “gold Industry”).

The loan interest portion was jointly and severally guaranteed.

At the time the same time, the development of the same kind of loan from the lender is provided as security for the project site.

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