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(영문) 서울중앙지방법원 2017.03.22 2015가합579560
지연손해금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant A’s 6% per annum from July 24, 2013 to May 18, 2016, on the basis of KRW 340,108,037, and on its behalf.

Reasons

Basic Facts

The plaintiff, including the status of the parties, is a bank that runs the business of banking business and trust business, and the defendant joint industrial complex development corporation (hereinafter "Defendant Joint Industrial Complex development corporation") runs the business of developing and selling industrial complexes, and the defendant A runs the business of mutual name called "B."

In around 2008, the Plaintiff entered into a financial agreement on the following matters: (a) around 2008, the Plaintiff leased the sales price to the business entity that purchased the industrial complex site from the Defendant Joint Association; (b) the Plaintiff directly pays the sales price to the Defendant Joint Association; and (c) when the Plaintiff cancels the sales contract from the seller, the Plaintiff entered into the agreement on the financial business that the Plaintiff would be entitled to receive the refund claim against the Defendant Joint Association (hereinafter “instant agreement”); and (d) the relevant major contents of the instant agreement are as follows.

Article 5 (Preservation of Loan Claims) (1) “The Bank” shall, in accordance with each letter submitted by the “contractor for the preservation of loan claims, accept the transfer from the “contractor for the right to claim for the return of the purchase price of the land paid by the buyer to the Consolidated Industrial Group,” and “the Consolidated Industrial Group” shall accept the said transfer of claims. (2) In the event of a cause for refund of the sale price under the following subparagraphs occurs before the “Concurrent Industrial Group” approves the buyer for the use of the land, “the Consolidated Industrial Group” shall deduct all the amount equivalent to the loan-related claims within the limit of the cancellation refund amount set forth in the contract for sale, including this section, from among the sale price paid by the “contractor”, the amount equivalent to the loan-related claims, within the limit of the cancellation refund amount set forth in the contract for sale, to cover the bonds of the “bank”.

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