logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.18 2015가합549996
채권자대위에 의한 계약금반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s joint and several sureties for the Plaintiff’s G obligation 1) G (the trade name before and after the change: H and hereinafter “G”) is not classified before and after the change.

) The land of the GJI in Seongbuk-gu, Sungnam-si (hereinafter referred to as the “instant project site”).

(2) A project to purchase and create a lost town (hereinafter referred to as the “instant project”).

) is a contractor and a limited construction company (hereinafter referred to as “limited construction”).

(2) As to the instant project, G borrowed 2 billion won as interest rate of 9% per annum and 30 days after the completion of the determination and announcement of the urban planning facilities for the implementation of the instant project, respectively (hereinafter “instant monetary loan agreement”) with respect to the instant project, G borrowed 2 billion won from the Hansung Construction on March 14, 2008 (hereinafter “instant loan agreement”).

2) On July 19, 2010, G rejected the proposal for the urban management planning formulation that was applied to the Sungnam City Mayor in relation to the instant project, the Hannam Construction demanded additional security to G. The Plaintiff jointly and severally guaranteed the above loan debt of G, and drafted an agreement that includes the following contents with the Hannam Construction.

Agreements

1. As to the instant monetary loan agreement concluded as of March 14, 2008 between the Korea-Japan Construction, G and existing joint and several sureties, as the application for the determination of G urban planning facilities for the new welfare facilities for the aged on the ground of the instant project site was rejected on February 25, 2010, the full repayment period of the principal and interest on loans under the instant monetary loan agreement has already arrived as of February 25, 2010, and is now consenting to default.

2. The Plaintiff, in addition to existing joint and several sureties, shall jointly and severally guarantee all the obligations of G under the instant monetary loan agreement, including the obligation to repay the principal and interest of the loan owed by G to Hanhwa Construction.

3. If G does not repay the principal and interest of the instant loan, it shall be J. 205 May 20, 2009 which was concluded with the Plaintiff.

arrow