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서울중앙지방법원 2013.10.16 2010가단228815
대여금
Text

1. The defendant shall pay to the plaintiff KRW 342,44,880 as well as KRW 183,059,00 among them, from December 31, 2009 to June 30, 2010.

Reasons

1. Basic facts

A. The Plaintiff is a company that B Co., Ltd. (hereinafter “B”) extended business funds, etc. related to the new construction and sale of one unit (D) of the main complex building (hereinafter “instant business”), which is scheduled to be constructed on the land outside Jongno-gu Seoul and 61 parcel, to the buyer, etc. of the instant building, and the Defendant is the buyer who purchased part of the instant building from B. The Defendant is the buyer who purchased part of the instant building from B.

B. On August 12, 2002, the instant development project agreement was concluded between the Hanjin Industries Co., Ltd. (hereinafter “Sjin Heavy Industries”), the Hanjin Heavy Real Estate Trust Co., Ltd. (hereinafter “Sejin Heavy Industries”), and the Plaintiff on the project site secured by the Plaintiff with the funds borrowed by the Plaintiff, with the content that the Hanjin Heavy Industries, on the project site secured by B, newly constructs and sell the instant building (hereinafter “instant development project agreement”), and the part relating to the instant development project agreement is as follows.

In the instant Development Project Arrangement, Article 1 (Agreement Parties) of the Agreement between the Plaintiff (hereinafter referred to as “A”), who is a financial institution for the EE Redevelopment Project (hereinafter referred to as “this Project”), shall enter into a contract between B (hereinafter referred to as “A”), the developer, the Han Jin Heavy Industries (hereinafter referred to as “B”), the trust administrator, the trust administrator, the trust administrator, and the Plaintiff (hereinafter referred to as “I”), who is a financial institution.

Section 2. (Purpose of this Arrangement) The purpose of this Arrangement is to provide for the division of duties and responsibilities necessary for justice so that the funds for the Project are managed safely and the loan is repaid normally.

Article 4 (Business Apportionments and Cooperation Obligations) (1) A, B, C, and P.S. shall share their respective duties and cooperate faithfully for the successful completion of the project and for the normal repayment of the loan, and shall be liable therefor.

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