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(영문) 광주고등법원 2011.12.22 2011나2936
약정금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,396,077,69 and its payment from April 1, 2011.

Reasons

1. Facts of recognition;

A. The completion of the instant apartment complex A (hereinafter referred to as the “A”) shall be implemented and sold by the Corporation for the Settlement of Disputes, and the 118 households in total of three apartment buildings with the 7,607 square meters above that of Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and Cheongju-gu, which are executed by the Corporation for the Settlement of Disputes (hereinafter referred to as the “D”), have obtained approval for use on September 5, 2005, and registration for the preservation of ownership was completed in the name of A on October 12, 2005.

B. The Plaintiff’s loan to A, etc. and the Defendant’s payment guarantee (1) A used the loan amount of KRW 2.1 billion from the Defendant on June 3, 2004 with respect to the apartment construction work, and it was impossible to obtain a loan from the Defendant due to the same person’s loan limit.

Accordingly, on October 17, 2005, A entered into the following business arrangements with the main content that the Plaintiff, the Defendant’s third party, and the Plaintiff receive a loan from the Plaintiff, but the Defendant, the main agent of apartment business, guarantees the payment of the Defendant’s loan obligations.

(A3-1) The Project Agreement shall be concluded with a view to prescribing the general matters necessary for the smooth promotion of the sale project on the basis of mutual understanding and cooperation among A, the creditor financial institutions, the plaintiff, the representative agent of the apartment project, and the defendant, who are the executive agent of the apartment project.

Article 3 (Duties and Obligations of Each Party) In order to facilitate the Project, A, the Plaintiff, and the Defendant shall faithfully perform the following duties and obligations:

1. A's duties and duties;

(a) Sale in lots and administrative affairs related to multi-family housing development projects under Article 2 with the Plaintiff’s loans;

D. Repayment of principal and interest of loans to plaintiffs related to this business;

(f) Obligations and responsibilities to entrust security trust (including management and disposal trust) for unsold goods in lots to a person designated by the weekly company;

(g) To delegate the management of funds, such as loans and agreements, to the defendant;

2. The plaintiff's duties and duties;

(a) Lending A loans to cover the project costs required for the project;

B. The terms and conditions of the Plaintiff’s loan to A are as follows: A.

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