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Defendant (Counterclaim Plaintiff) is related to the development of complex facilities on the ground of 5,752m2.7m2 in Suwon-si, Suwon-si.
Reasons
[Attachment to the principal lawsuit and counterclaim] In order to implement a development project for the complex facilities development project for the Defendant’s business affairs, the Defendant entered into a financial advisory agreement with the Defendant on April 18, 2016 (hereinafter “F”) on a fee of KRW 800 million each with the F Co., Ltd. (hereinafter “G”) and G Co., Ltd. (hereinafter “G”) to newly build and sell the complex facilities, such as the 24 stories above ground, 105 households below the 5,752.7 square meters above ground, the 5th basement-gu, Suwon-gu, Suwon-si, Suwon-si, the 505 stories above ground, and neighboring living facilities, etc. (hereinafter “instant project”).
On August 19, 2016, the Plaintiff entered into a financial advisory agreement, a security loan guarantee agreement, and a pF loan agreement with the Defendant on August 19, 2016, and entered into a financial advisory agreement with regard to the instant project (hereinafter “instant loan agreement”) with the Defendant on August 19, 2016.
The main contents of the instant loan guarantee and advisory agreement are as follows.
[Obligation of the instant loan] The Defendant, in relation to the instant business, concluded a loan agreement (hereinafter “the instant loan agreement”) with F, Si Corporation, H and the lender described below, an acting financial institution, as the agent financial institution, and as the lender, will receive a loan of KRW 100 billion from the Korea Development Bank, G, I, J, and K Co., Ltd. (hereinafter “the lender”).
The Defendant, in accordance with this letter, intends to obtain a loan equivalent to the amount of obligation prescribed in attached Form 2 (hereinafter “security loan”) within the scope not exceeding KRW 90 billion as security (hereinafter “amount of obligation for security loan”) under the first priority interest pursuant to the real estate security trust agreement for unsold goods in lots, as prescribed by this letter of undertaking, and the Plaintiff wishes to offer a security loan to the Defendant as prescribed by this letter of obligation.
§ 2. Loans against security.