logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.19 2018나2028653
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On March 2014, the Plaintiff built a building on the fourth and tenth-story underground floor (hereinafter “instant building”) on the land located in Sinposi, Si (hereinafter “instant site”), which is owned by the Plaintiff, and promoted a real estate development project to dispose of the instant building (hereinafter “instant development project”).

B. On March 18, 2014, in order to obtain a loan for the instant development project, the Plaintiff entered into a loan agreement with Defendant, D, E, E, and F (hereinafter “P”) and H Co., Ltd. (hereinafter “H”) on the other hand, and IP-related business and loan agreement (hereinafter “instant loan agreement”), and the main contents are as follows.

Article 1 of the Loan Agreement (65 billion won) of the Development Project of this case refers to the date on which the borrower has to fully repay the principal and interest of the loan, which is five years after the date of first withdrawal, and if the date is not the business day, the following business day.

The term "date of withdrawal" means the date on which the amount of a loan agreement is actually withdrawn in accordance with this Arrangement, and the term "the date of the first withdrawal" means the date on which the amount of the loan agreement is actually first withdrawn in accordance with this Arrangement.

The term "prepaid repayment" means the repayment of all or part of the loans by the borrower before the repayment date of the principal of the loan in accordance with the conditions prescribed in Article 7 (4) of this Agreement.

§ 3. Loan agreement amount under subsection (1) through (3) of the loan agreement amount under the said subsection (1) through (2) of the loan agreement and the ratio of participation of the lender in the loan shall be as follows:

The lender loan participation ratio B B 350/65 billion won 35 billion won 50 billion won D 150/65 billion won 150/650 billion won 75 billion won 75/650 billion won 75.5 billion won 75/650 billion won 650 billion won 650/650 won 65 billion won 650/650 billion won 650 billion won and repayment Section 2.

arrow