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(영문) 서울중앙지방법원 2017.01.11 2016가합546857
계약금반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. 1) The occurrence of the instant basic claim is ELA Doha Doha Dok Franck Co., Ltd. (hereinafter “Borrower”).

) On July 27, 2007, Namyang-si C (hereinafter “instant project site”) is the project site.

(2) The project to construct and sell multi-family housing and neighborhood living facilities (hereinafter “instant project”)

2) In order to raise funds required by the Bank Bank A, the lender, Inc. (hereinafter “the lender”) shall be deemed to have raised the necessary funds.

(2) The Bank Bank B, the Industrial Bank of Korea, and the Capital Capital Co., Ltd. (hereinafter “Industrial Capital”);

(2) The loan agreement of KRW 15 billion was concluded from the sum of the loan agreement, and the loan of KRW 40 billion was actually made from the Tanche A, and KRW 41 billion from the Tanche B. As to the above loan obligations, the mutual change was made between ELA Corporation (i.e., “Stock Company”), and the mutual change was made from the said loan obligations to the “Tanche”; and (ii) the said mutual change was made after the mutual change was made; and (iii) the said mutual change was made at the same time.

(2) On the other hand, on August 17, 2007, the Bank Bank Holdings transferred all rights, powers, and contractual status as a lender under the loan agreement of this case to a limited liability company specializing in the safe securitization of the Namyang Asia (hereinafter “instant SPC”), and on October 30, 2007, as a lender of the instant loan agreement, transferred 5 billion won loan and its security against the borrower as a lender of the instant loan agreement of this case to Hyundai Financial Co., Ltd. (hereinafter “SPC”).

B. On November 1, 2010, 2010, the instant SPC issued the ABCP 1) changed its trade name into the Korea Investment Securities Co., Ltd. (hereinafter “NH Securities Co., Ltd.”). However, the instant SPC changed its trade name to the “NN Securities Co., Ltd.”).

The lender is against the borrower under the loan agreement of this case.

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