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(영문) 서울중앙지방법원 2016.01.08 2014가합578966
약정금
Text

1. The Defendant’s KRW 1,640,227,361 as well as 6% per annum from December 8, 2015 to January 8, 2016, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Intervenor’s Intervenor’s Intervenor’s right to implement the project was the executor of the project for constructing multi-family housing and ancillary and welfare facilities in a part of the project area in connection with the urban development project in the B district, which is being promoted in the territory A of the Cheongju-si, and was the executor of the project for the urban development project of the B

(hereinafter referred to as the “instant project”) b. the urban development project of the C District is implemented and implemented by the Defendant’s Intervenor.

The Plaintiff’s loan claims against the Defendant Intervenor (the trade name before the change: Hyundai Switzerland Savings Bank, and the name of the company below is omitted if the name of the company is indicated) and the attached Form

1. Banks listed in the Plaintiff’s list (hereinafter “Plaintiff Bank”) held loans worth KRW 54,154,394,897 as of September 30, 2013 against Defendant Intervenors.

(The Defendant’s loan obligation of the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor was accepted by the Defendant’s Intervenor’s Intervenor. On October 31, 2014, the Plaintiff accepted the Defendant’s Intervenor’s right of reply.

1. A merger of the banks listed in the Plaintiff List.

C. Around October 11, 2013, the Plaintiff bank and the Defendant bank entered into a credit transfer agreement between the Plaintiff bank and the Defendant that transferred all of the principal and interest of loans to the Defendant and the Defendant’s Intervenor as well as related security rights at KRW 22 billion in total.

(hereinafter “instant bond acquisition agreement”). D.

On January 9, 2014, the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor entered into a contract on the transfer of business rights and the purchase of land (hereinafter “instant contract on the transfer of business rights”). Article 11 of the said contract stipulates the following special agreement (hereinafter “special agreement on the transfer of business rights”).

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