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(영문) 서울중앙지방법원 2015.01.15 2014가합549869
대여금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Loan agreement 1) The Defendant is the land listed in the separate sheet in the separate sheet (hereinafter “instant project site”).

2) The business that newly constructs a “componsing project” (hereinafter “instant business”)

) The contractor is Gangwon A&D Co., Ltd. (hereinafter “Gwon A&D”).

2) On October 28, 2009 with respect to the instant project, Gangwon L&C entered into a loan agreement with nine financial institutions (hereinafter “the instant lender”) such as the Plaintiff’s M&D Co., Ltd. (Seoul Mutual Savings Bank: hereinafter “Plaintiff T&D”) and the Korea New Mutual Savings Bank, etc. (hereinafter “Plaintiff T&D”) and nine financial institutions (hereinafter “the instant lender”), with respect to the instant project, including KRW 10,400,000,000,000 from the Plaintiff’s M&D securities and KRW 1,40,000,000 from the Savings Bank and KRW 1,40,000,000 from the instant lender, with respect to the instant project (hereinafter “Plaintiff T&D loan agreement”). The Defendant concluded a joint and several debt loan agreement with each of the instant lender pursuant to the loan agreement (hereinafter “P&D loan agreement”).

Under the loan agreement of this case, the lender of this case determines that all amounts received from the borrower or the joint guarantor shall be appropriated in the order of the principal of the loan for which the due date has arrived, the interest on the loan whose due date has arrived, the interest on the loan whose due date has arrived, and the repayment order unless otherwise specified

(Article 6-3 of the instant Loan Agreement). In addition, Gangwon L&AD has entrusted the instant project site to one asset trust company (the former trade name: one corporation; one corporation; one corporation; hereinafter referred to as “one asset trust”) in order to secure the above loan obligations.

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