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(영문) 서울고등법원 2020.04.09 2019나2025699
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s bankrupt C.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as follows, except that the content of “business” and “a loan agreement (Evidence 1)” as stated in Sections 4, 15, 6, and 17 of the judgment of the court of first instance among “1. Basic Facts” is as stated in the corresponding part. Thus, the main text of Article 420 of the Civil Procedure Act and this business and loan agreement (Evidence 1) were concluded on August 13, 2008 between the following parties.

1. Q (hereinafter referred to as “Borrower”, “execution company”, or “test construction” in accordance with their respective positions;

2. R (hereinafter referred to as "interest-guaranteed person");

3. The purpose of Section 1-1 (Purpose), including the summary, scope, and role of the business of Section 1 of H, D, E, L, C, Plaintiff, and N (hereinafter collectively referred to as “owner”), is to ensure the successful implementation of this project by entering into this Agreement and promising to perform contractual obligations with good faith in relation to the new construction and sale of multi-family housing of the large block unit in Gyeonggi-do, in mutual equal terms, in relation to the construction and sale of multi-family housing of the large block unit in Gyeonggi-do.

§ 1-2. The outline of this project shall be as follows:

1. Project name: Article 1-3 (Definitions of Terms) of the project for constructing and selling multi-family housing of high-speed P block (tentative name);

1. The term "individual loan" means the principal of each loan that is executed by each lender to the borrower pursuant to this agreement or the outstanding balance by each lender at that time;

2. The term "individual loan agreement amount" means an amount agreed upon by each lender to lend to the borrower and an individual loan agreement amount as provided for in Article 2-1 (1) of this Agreement;

3. The term "financial contract" means all of this Agreement, the collateral contract and any other agreement, or any other document attached thereto, prepared in accordance with or incidental to it;

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