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(영문) 서울서부지방법원 2020.02.06 2016가합32742
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendants are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 12,829,095,483 and the said amount.

Reasons

(a) The repayment of loans and interest shall be made to B pursuant to Article 20, but the full repayment shall be made by the end of the period designated for occupancy;

Article 16 (Lending of Relocation Expenses, etc.) (1) The relocation expenses of a member of the association shall be determined as follows according to the details of existing property rights, and the expenses for relocation of a member of the association from the financial institution selected by the member A after consultation with the member A may be directly borrowed, and the funds for relocation of the member of the association may be directly lent

Interest on the relocation expenses for interest shall be paid in lump sum on the 30-day earlier of the date of the occupancy or the date of the designation of the occupancy.

The relocation expenses for each partner (interest) shall be paid at a fixed rate in consideration of the amount of previous property appraisal, and shall be borrowed directly by the borrower within the limit of the loan ratio of the house security loan (LTV) of the lending financial institution.

* The aggregate limit of the moving expenses shall be the amount calculated by multiplying the person subject to the moving expenses by 170 million won.

* The difference between set relocation expenses and LTV rates shall be supported by B.

* The criteria for members subject to parcelling-out under the management and disposal plan, provided that in cases where there is no capability to provide security for the above relocated loans, to lend to the extent of security capacity

(2) The relocation expenses shall commence after the resolution of the general meeting of the management and disposal plan for moving expenses for the members of the association (persons eligible for parcelling-out and the tenants, and the relocation expenses shall commence by paying and lending only for the applicant, notwithstanding the relocation period under Article 5, and the lease period shall be from the date of lease to the date preceding the date of actual occupancy if the moving is made before the expiration of the lease period, and from the date of moving to the last day of the occupancy designation period

(7) A shall pay interest on the relocation expenses without interest to B pursuant to Article 21 (2) in addition to the construction expenses under Article 3, and the interest rate shall apply mutatis mutandis to the interest rate.

229,000/3.0

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