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(영문) 서울고등법원 2014.08.28 2013나46582
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claims and the first and second preliminary claims are all dismissed.

3...

Reasons

Basic Facts

The reasoning of this court’s explanation is as stated in Paragraph (1) of the reasoning of the judgment of the first instance, except for the modification of the corresponding part of the judgment of the first instance as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

Part 2, part 15 of the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s 4th through 11th of the amendment, respectively, as follows:

(1) The Intervenor (hereinafter “A”), the Plaintiff (hereinafter “B”), and the Defendant (hereinafter “A”), for the purpose of raising the funds of C in the Jung-gu Incheon Metropolitan City Land Readjustment Project District B, shall prepare this Agreement with a view to providing security to B and entrusting B with the disposal method, etc. of collateral and performing it in good faith. The additional agreement set forth in Article 1 (Purpose) serves as “A” and “B” for the management and disposal of collateral provided by C for the purpose of financing funds. Article 2 (Loan) ① The additional agreement set the roles of “A” as “A” and “B” for the purpose of the management and disposal of collateral provided by C. A with a project cost of KRW 6 billion per day and KRW 3 billion per day with construction cost related to the installation of power distribution facilities in the complex. ② After the conclusion of this Agreement, the amount of loan shall be the amount of loan deposited in the account in the name of C. Article 3 (Loan) (hereinafter “B”) with the real estate list as collateral.

(2) Byung shall enter into a real estate security trust contract with the Fund for the settlement of disputes, and issue a certificate of beneficial rights with the priority beneficiary as Gap.

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