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(영문) 서울중앙지방법원 2017.11.30 2017가합526522
보증금 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff’s loan 1) Pursuant to the Industrial Bank of Korea Act, the Defendant is a juristic person established pursuant to the Credit Guarantee Fund Act. 2) The Defendant is a juristic person established pursuant to the Credit Guarantee Fund Act (hereinafter “A”), the Korea Land and Housing Corporation received a contract from the Korea Land and Housing Corporation for B apartment construction works (hereinafter “Gunpos”), three sections for C apartment construction works (hereinafter “Seoul”) and ten sections for C apartment construction works (hereinafter “D construction”), and the Daejeon District Land and Housing Management Agency for the D construction (hereinafter “E construction”), and E (hereinafter “each of the above construction works”).

3) The Plaintiff classified each of the instant credit transaction agreements into each of the instant construction as listed below to A (hereinafter “the instant credit transaction agreements”).

A) The instant credit transaction agreement concluded. Article 12 of the instant credit transaction agreement states that “The loan amount shall not exceed the balance remaining after subtracting the settlement amount of construction cost deposited by the ordering agency from the amount of the transfer of the credit from the ordering agency and the transfer of the credit from the ordering agency.” On September 28, 2012, 2013, the amount of credit limit on the site of the construction site was KRW 9 billion on September 27, 2013, 4.4 billion on D Corporation Corporation (4.4 billion on September 27, 2013, 2012, KRW 8.5 billion on September 28, 2013, 2012, KRW 3.5 billion on September 27, 2013, the Korea Land and Housing Corporation transferred each of the instant claims to the Plaintiff on September 28, 2012, and the Daejeon District Land and Housing Corporation and the Daejeon District Land and Housing Corporation agreed each of the instant claims to the Plaintiff on December 31, 2012012.

On October 2, 2012, the Daejeon District Land and Housing Administration on December 2, 201, 6, 985, 828, 254 won and the Daejeon District Land and Housing Management Office on December 15, 2012, 14,240, 277, 338 won of the Korea Land and Housing Corporation with the fixed date of the contract for construction work.

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