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(영문) 서울고등법원 2016.11.18 2015나2004113
근저당권설정등기절차이행청구의 소
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1. Revocation of a judgment of the first instance;

2. All of the main and ancillary claims of this case shall be dismissed.

3...

Reasons

1. Facts of recognition;

A. On August 9, 2005, B Co., Ltd. (hereinafter “B”) entered into a business agreement with the Busan Savings Bank, Busan Savings Bank (hereinafter “Plaintiff Bank”) and the Defendant with respect to raising business funds, financial consulting services, mutual business share, etc. for Cambodia Development Project implemented by B and the Defendant (hereinafter “instant Development Project”).

(hereinafter referred to as the “instant Project Arrangement”). The purpose of this Arrangement is to determine the rights and obligations arising from B, the Plaintiff Bank, and the Defendant, and the instant development project promoted by Cambodia F through the Defendant, a local subsidiary of Cambodia, with respect to the instant development project promoted by Cambodia.

Article 3 (Apportionment of Work) B and the Plaintiff Bank and the Defendant shall, in accordance with the purpose of Article 1, bear the obligation to perform each of the following duties and shall perform the responsibility:

① Business and duties of the Plaintiff Bank

1. Funds necessary for completing the instant development project, such as the purchase of the Defendant’s land and construction, shall be raised to B in the form of a new case within the limit of 30 million U.S. dollars at the request of B;

2. Advisory services on additional funds, other than the funds referred to in subparagraph 1, where the defendant intends to raise additional funds through project financing, etc. for execution;

3. Article 4 (Loan of Plaintiff Bank) (1) The Plaintiff Bank shall, in accordance with the agreement with B, lend 4.7 million U.S. dollars to B immediately after the conclusion of this Agreement in such a manner as agreed between B and the Plaintiff Bank, and lend funds to B within the limit as stipulated in Article 3(1)1 at the request of B, and the lending period shall be 10 years, and the lending interest rate shall be 8% per annum.

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