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(영문) 서울고등법원 2018.10.18 2018나2020871
청구이의
Text

1. Revocation of a judgment of the first instance;

The defendant extended loans to the plaintiff by Busan District Court 2017 tea 6426.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of building construction business, etc., and the Defendant’s trade name was changed from “Co., Ltd.” to “Co., Ltd. B” as of January 2, 2013 as of the date of closing argument in the trial of the first instance. The Plaintiff is a financial institution that performs credit business, etc. based on the Mutual Savings Banks

B. 1) Diplomatic Association (hereinafter “Diplomatic Association”) (hereinafter “Diplomatic Association”)

(A) In the case of the Republic of Korea, the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport (hereinafter referred to as the “instant church building” in total) and the Minister of Land, Infrastructure and Transport.

In order to newly build a new contract, a contract between the Defendant and the Defendant on May 30, 2012 to obtain a loan of KRW 2,00,000,000 in total on six occasions from the Defendant (hereinafter “instant loan contract”) (hereinafter “instant loan contract”).

F Co., Ltd. (hereinafter “F”) was concluded and selected as the contractor of the instant church building.

(2) On May 30, 2012, the Defendant, Diplomatic Association, and F prepared a loan agreement concerning the instant loan agreement and the existing joint and several guarantee agreement (hereinafter “instant loan agreement”), and the main contents thereof are as follows.

[Written Loan Agreement] The debtor Diplomatic Association and F representative Director G and the defendant as the contractor are bound to enter into an agreement for loans and implement each provision of this Convention in good faith as follows:

Article 1:The defendant shall make loans to Diplomatics Association on the following terms:

The first loan of the detailed loan of the Gu: the third loan after the completion of 400,000 won above the first floor above the ground level of KRW 400,000: the fourth loan after the completion of 300,000,000: the outer wall of KRW 350,000,000 and the five loans at the time of the completion of the Chang Ho Construction: 6 loans when the certificate of fire-fighting of KRW 100,000 is issued: 10,000: 2,00,000,000 after completion of the 10,000,000 won (at the time of completion of the list): the general loan of the "supervision" subject when the loan of KRW 2,00,000 is completed.

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