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(영문) 서울중앙지방법원 2016.07.08 2015가합541510
구상금 등
Text

1. Defendant A, B, C, and D are jointly and severally and severally liable to the Plaintiff for KRW 2,785,647,105 and the aforementioned amount from December 24, 2014 to Defendant A and C.

Reasons

1. Basic facts

A. On February 1, 2012, the Plaintiff (around February 19, 2016, changed the name of the Plaintiff from the Heavy Construction Co., Ltd. to the Plaintiff) and the Heavy SPS Construction Co., Ltd., Defendant A, C, C, D (hereinafter “Defendant A”) and the Korea Land Trust Co., Ltd. entered into a land trust agreement with the main content of obtaining full ownership of the land as the truster and beneficiary of the instant project, and the Korea Land Trust Co., Ltd. for the purpose of the new construction and sale of the building on the five lots of land (hereinafter “instant project”).

Defendant A and three others established H Co., Ltd. to promote the instant project.

B. On February 24, 2012, Defendant A and three others concluded a sale-type land trust agreement with Korea Land Trust Co., Ltd. and Defendant A and three other beneficiaries.

On April 25, 2012, Korea Land Trust Co., Ltd. concluded a new urban residential housing construction contract with the Plaintiff and Heung SPS Co., Ltd. on April 25, 2012 at KRW 7,694,184,000 (including surtax).

C. H Co., Ltd. borrowed the loan maturity of KRW 5.5 billion from the Deposit Savings Bank (former Seoul Mutual Savings Bank) on May 24, 2013 in order to raise funds necessary for the instant project. The Plaintiff and Defendant A et al. jointly and severally guaranteed the above loan obligations of H Co., Ltd.

After that, the maturity of the above loan obligation was extended on January 24, 2014, and the above loan was fully disbursed as the project cost of this case.

Defendant A and three other parties are obliged to repay the principal and interest of loans under the loan agreement of H Co., Ltd. with respect to the right to benefit and the certificate of such right to benefit under trust agreement.

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