beta
Text
1. The Plaintiff’s selective claim against Hanyang Co., Ltd. against the Defendant Hanyang, which was made by subrogation of the obligee.
Reasons
1. The following facts do not conflict between the Parties:
The contract concluded on March 15, 2012 1) In the case of the Defendant Hanyang Co., Ltd. (hereinafter referred to as the “Co., Ltd.”), the trade name is entered only in the first place and the indication of the “Co.
(2) On March 15, 2012, the Plaintiff’s business of constructing and selling multi-family housing (hereinafter “instant business”) in the Suwon-dong, Suwon-dong.
) A contract for new construction of a new housing was entered into with AEM Puss Co., Ltd. which is an implementer. A contract for construction work is KRW 7.3 billion (excluding value-added tax) and the direct construction cost is KRW 6.24 billion, the cost of construction of model hybrids is KRW 2.2 billion, and the cost of construction of occupancy agency is KRW 3.82 million. Of the terms and conditions of the contract, the provision at issue in this case is as shown in Appendix 1. 2) Gwangju Bank, Inc., Hyundai Switzerland Savings Bank, Hyundai 4 Savings Bank, and Korea Amph Social Co., Ltd. (hereinafter collectively referred to as “priority Loan Bank”).
(B) On March 15, 2012, Hyundai Switzerland Savings Bank, Hyundai Switzerland Savings Bank, Hyundai Switzerland Savings Bank, Inc., and Hyundai Switzerland 3 Savings Bank (hereinafter collectively referred to as “after-order Loan Bank”) concluded a loan agreement with A.M. on March 15, 2012, and loaned KRW 24.2 billion.
C) Meanwhile, on October 31, 2014, the Plaintiff merged subordinated loan banks. Afterwards, senior loan banks were fully repaid the principal and interest of loan, but the Plaintiff’s principal and interest of loan which merged subordinated loan banks remains at KRW 13,060,312,907 as of the present date. 3) The Plaintiff entered into a business agreement on March 15, 2012 to determine the relationship with rights and duties of the parties to the instant business and the basic scope of business for the instant business performance.
The contract provisions at issue in this case are discussed.