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(영문) 서울중앙지방법원 2016.06.10 2015가합582696
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Modern Construction Co., Ltd. (hereinafter “Modern Construction”) is an executor and a contractor of a new apartment building A (hereinafter “instant apartment building”) in Incheon Metropolitan City.

B. The plaintiffs are annexed to Hyundai Construction Division

3. The sales contract for the apartment of this case (hereinafter “each of the sales contracts of this case”) was entered into, as entered in the sales contract.

C. In September 1, 2015, the Defendant (hereinafter “Korea Exchange Bank”) entered into a business agreement on the part payment loan to the seller of apartment buildings (hereinafter “instant business agreement”) with Hyundai Construction in around 2010, regarding the part payment loan to the seller of apartment buildings, and Hyundai Construction jointly and severally guaranteed the above part payment obligation by setting the maximum amount of collateral guarantee to KRW 374.4 billion.

Article 3 (Duty to Cooperate in Hyundai Construction to Collect Claims by the Defendant) (2) In the event that a seller delays repayment of loans due to the occurrence of the causes as prescribed in Article 8 (Loss of Benefit of Time) of the Convention against the seller, Hyundai Construction appears to be a clerical error in the cancellation of the sales contract for the apartment that the seller purchased in lots immediately upon the Defendant’s request, in writing, to be the clerical error in the cancellation of the sales contract. The seller should appropriate the contract for the payment of the contract deposit and intermediate payment made by the buyer first to

For this purpose, modern construction should conclude a separate agreement with a seller for sale.

Article 8 (Loss of Benefit of Time) (1) In any of the following cases, a seller shall lose the benefit of time for loans:

1. Where the cause for loss of profits under the basic terms and conditions of bank credit transactions occurs to the seller, the defendant (payment of loans) has made an application for a loan within the extent of the lending limit set in Article 2, the seller shall pay the intermediate payment determined by Hyundai Construction within the extent of such application.

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