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(영문) 서울중앙지방법원 2014.06.25 2013가합559494
수수료 등 보수 청구
Text

1. The Defendant’s KRW 54,720,00 for the Plaintiff and KRW 5% per annum from August 26, 2013 to June 25, 2014.

Reasons

1. Facts of recognition;

A. The status of the parties is a subsidiary of our bank (hereinafter “Korea bank”), which aims at credit investigation business and credit management service business of financial institutions, and the Plaintiff is a person entrusted with debt collection affairs by concluding a delegation contract with the Defendant on November 6, 2012.

B. Around August 2008, the Korean bank, which entered into the Financial Business Agreement of the Korean Bank, concluded a financial business agreement that contains the following contents, with the Geumcheon Industrial Complex Development Co., Ltd. (hereinafter “Co., Ltd.”), and with the “Co., Ltd.” (hereinafter “Co., Ltd.”), paid at least 10% of the total sales amount after purchasing land from the Co., Ltd., and received a letter of recommendation from the Co., Ltd., and entered into a financial agreement

(hereinafter referred to as “instant financial agreement.” Article 5 (Preservation of Loan Claim) (1) Banks shall accept the right to claim the return of the sale price paid by the seller in accordance with each written statement submitted by the seller for the purpose of preserving loan claims from the seller to the seller, and the Geumcheonsan Group shall accept the said assignment of loan claims.

(2) Where any cause for refund of sale proceeds occurs as described in any of the following subparagraphs before giving consent to land use to a seller for sale, the Joint Venture Association shall pay the amount equivalent to loans to the banks within the limit of the cancellation refund stipulated in the contract for sale in lots within the limit of the cancellation refund stipulated in the contract for sale in lots from among the sale proceeds paid by the seller for sale in lots so that it can be appropriated for satisfaction of claims of the banks:

1. Where he has to refund the price to the seller in lots due to repurchase of land, termination of land-sale contract, cancellation, cancellation, etc.;

2. Cancellation and cancellation of a land sale contract after a bank terminates a loan contract due to the occurrence of a cause for cancellation of a loan contract due to repayment of loans to a bank by a seller;

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