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(영문) 서울중앙지방법원 2013.09.16 2010가단209524
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 609,590,354 and KRW 324,822,00 among them, from December 31, 2009 to July 201, 201.

Reasons

1. Basic facts

A. The Plaintiff is a company that C Co., Ltd. (hereinafter “C”) extended business funds, etc. related to the new construction and sale of one unit (E) of the main complex building (hereinafter “instant business”), which is scheduled to be constructed on the land outside Jongno-gu Seoul and 61 lots, to the buyer, etc. of the instant building (hereinafter “instant building”). Defendant A is the buyer who purchased part of the instant building from C.

B. On August 12, 2002, C entered into a development project agreement between the Jinjin Heavy Industries Co., Ltd. (hereinafter “Sinjin Heavy Industries”), the Ninjin Real Estate Trust Co., Ltd. (hereinafter “Sinjin Heavy Industries”), and the Plaintiff on the project site secured by C with the funds borrowed by the Plaintiff, with the content that the Jin Heavy Industries on the project site secured by C (hereinafter “instant development project agreement”), and the part relating to the instant development project agreement is as follows.

In the instant Development Project Agreement, Article 1 (Agreement Party) of the Agreement between the Plaintiff (hereinafter referred to as “A”), who is a financial institution for the “F District Redevelopment Project” (hereinafter referred to as “the Project”), shall enter into a contract between C (hereinafter referred to as “A”), the implementer, the Han Jin Heavy Industries (hereinafter referred to as “B”), the trust agent, the trust agent, the trust agent, and the Plaintiff (hereinafter referred to as “I”), who is a financial institution.

Section 2. (Purpose of this Arrangement) The purpose of this Arrangement is to provide for the division of duties and responsibilities necessary for justice so that the funds for the Project are managed safely and the loan is repaid normally.

Article 4 (Business Apportionments and Cooperation Obligations) (1) A, B, C, and P.S. shall share their respective duties and cooperate faithfully for the successful completion of the project and for the normal repayment of the loan, and shall accordingly.

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