logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.13 2015가단47647
대여금등
Text

1. As to KRW 225,810,892 and KRW 151,44,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from July 2, 2015 to July 27, 2015.

Reasons

1. Determination as to the cause of claim

A. (1) The defendant as the party is the purchaser who entered into a sales contract with respect to No. 1205 of the Yeonsu-gu Incheon Metropolitan City building B, which was executed by the non-party SDR (hereinafter "non-party company") around October 2008.

The plaintiff is a financial institution that has concluded a business agreement with the project entity of the above building for sale, such as the non-party company, the contractor, and the trust company, and borrowed part payments to the buyers including the defendant. If the main contents of the business agreement are extracted, it is as follows.

Article 4 (Reasons for Loss of Benefit from Time Limit to Time Limit) (1) Where any of the following events occurs, a contractor (person who has received an intermediate payment loan from the plaintiff as a buyer of the above building) shall lose the benefit of time, and the plaintiff may request the contractor and the non-party company to pay the principal and interest of the loan immediately:

2. Where the sales contract concluded between the contractor and the Korea Asset Trust Bank lose its effect due to the grounds such as invalidation, cancellation, and cancellation, etc. of the sales contract, Article 5 (Liability to Cooperate in Recovery of Claims by plaintiffs) (5) The Korea Asset Trust Bank shall, when the grounds for the loss of profits by the deadline occur, accept the transfer of claims with respect to the principal and interest of the loan out of the refund bond held by the contractor.

- The transferor of a claim: the contractor, the transferee of the claim: the plaintiff, the transferee of the claim: Article 8 (Liability for Cooperation in Preservation of Rights) of the Korea Asset Trust Bank. ② If the Korea Asset Trust Bank and the non-party company have to refund the sales price already received from the contractor as the contract is cancelled or terminated, they should preferentially appropriate the contractor's loan to the plaintiff through prior consultation with the plaintiff.

(2) On December 10, 2009, the defendant who lost the profit by executing the loan and the time limit shall enter into a loan agreement with the plaintiff on December 10, 2009 under the joint and several sureties of the non-party company, and the purpose of the loan is:

arrow