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(영문) 서울고등법원 2015.04.08 2014나2026031
우선수익권 부존재 확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff entered into an agreement on the part payments loan business and thereafter (1) concluded an agreement on the construction of an intermediate payment loan (hereinafter “the first intermediate payment loan agreement”) with the U.S. Construction Co., Ltd. (hereinafter “U.S.”) and the Korean Bank (hereinafter “Korea Bank”) on September 24, 2009, with regard to the intermediate payment loan to the above apartment sales contractor, as an executor of the construction of the Hanpo Village, Hanpo-si, Kimpo-dong, 6873-8 ground-based apartment (hereinafter “the instant apartment”).

(2) Under the above Convention, the lending limit and lending terms were determined as follows. Accordingly, our bank received the defendant's guarantee within the amount of KRW 200 million from the above apartment unit seller, and with respect to loans exceeding KRW 200 million, it provided intermediate payment loans to the plaintiff and the seller for sale after being jointly and severally guaranteed by the plaintiff and the U.S. construction.

Article 2 (Limitation on Loans and Implementation (1) The total limit on loans handled by our banks shall be KRW 120 billion, and the individual limit on loans to the seller shall not exceed 50% of the supply amount of apartment houses sold or resold by the seller in lots, and the actual amount of loans shall be the amount determined by Korean banks after internal review of the amount desired by the seller in lots within the limit of individual loans.

(2) The actual loan amount shall be determined by the Bank after internal review from among the amount desired by a seller for sale within the limit of individual loan under paragraph (1), and the additional handling amount (the amount excluding the loan amount of the Korean house finance guarantee certificate from the individual loan limit) shall be agreed upon by the Korean Housing finance guarantee certificate within the limit of 200 million won and the additional handling amount (the amount excluding the loan amount of the Korean house finance guarantee certificate

Article 3 (6) Housing Finance Corporation of a seller in charge of sale in cases of taking over part payments.

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