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(영문) 서울중앙지방법원 2015.04.08 2014가합24278
부당이득금반환등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into the instant project agreement and the progress of the project 1) The Plaintiff is an apartment building on the ground of the land of Jung-gu Seoul Metropolitan Government B (hereinafter “instant apartment building”).

2) The project to newly build and sell a new project (hereinafter referred to as “instant project”).

on June 27, 2008, the defendant, the corporation, and the Korean Bank (hereinafter referred to as "Korea Bank") on June 27, 2008 to carry out its business and raise its funds.

(i)the Korea Development Bank (hereinafter referred to as the “Korea Development Bank”) and Korea Development Bank.

B) As between the Defendant and the Bank, the Defendant and the Bank each made the Plaintiff acquire or transfer the loans of the Bank within three months (which may be extended within the limit of 36 months from the date of withdrawal (the date of withdrawal (the date on which the agreement between the KNF and the KNNN)) from the date of withdrawal of the loans of the Bank, and the amount equivalent to 1.84% per annum of the loans of the Bank from the Plaintiff (i.e., the fixed rate of 3.14% per annum from the rate of fixed interest to the Defendant’s rate of 3.14% per annum - the fixed rate of 1.3% per annum from the rate of fixed interest to the KNNF’s rate of 3.3% per annum) from the date of withdrawal of the loans of the Bank (hereinafter “instant business agreement”).

The main contents of the instant project agreement relating to the instant case are as follows. At the time, the Plaintiff’s supply of new apartment construction works from the Plaintiff was changed to ELA Construction Co., Ltd. (ELA) around June 2009.

hereinafter referred to as “ELADD construction”

) In the event that the Plaintiff’s Defendant, the Bank of Korea, and the Korea Development Bank (hereinafter collectively referred to as the “Korea Development Bank”) are collectively called the Plaintiff’s

Each obligation based on the instant project agreement was jointly and severally guaranteed.

Article 1. Definitions.

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