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(영문) 서울남부지방법원 2020.04.21 2019가합107556
부당이득금
Text

1. The Plaintiff; Defendant B Co., Ltd.; KRW 11,930,580; KRW 5,292,356 for Defendant C Co.; and Defendant D Limited Co., Ltd. on February 2.

Reasons

1. Basic facts

A. The Plaintiff’s purpose is to construct and operate golf courses, and the Defendants are corporations with the purpose of acquiring, managing, and disposing of debt securities, such as bonds and bonds issued by domestic and foreign institutions or equivalent securities and bonds, financial investment instruments, and rights incidental thereto.

B. The Plaintiff entered into a G development project loan agreement with F Co., Ltd. (hereinafter “F”), Defendant B, C, D, etc. with the following contents (hereinafter “instant agreement”).

Since then, Defendant E succeeded to the position of the lender of the FF corporation.

The borrower requested the lender to grant a loan of KRW 48 billion in total amount of loans of KRW 40 billion and loans of KRW 8 billion, which are subordinated loans, to the lender in order to raise funds necessary for the first stage 18 Hall development project (hereinafter referred to as the "this project") among the projects for developing 23 holess of popular golf course and ancillary facilities on the ground of the Gyeonggi-do Seocheon-si H Day (hereinafter referred to as the "the Project Site"), and the lender intends to implement the loan requested by the borrower under the conditions prescribed by this Agreement.

(1) The meaning of the terms used in Section 1-1 of the General Provisions of Chapter 1 is defined as follows, unless the context otherwise requires:

10. The term "limited date for loans" means the date 24 months elapse from the enforcement date of the first loan, and if the relevant date is not a business day, it shall be adjusted immediately after the business day;

Chapter 3-1 Loan Agreements (1) The lender will lend to the borrower to the extent of the following amounts of loan agreements in accordance with this Agreement:

A lender loan of KRW 40 billion for Defendant B B 25 billion, Defendant C 15 billion, the sum of the loan agreement amount of KRW 40 billion for Defendant C 15 billion and KRW 3 billion for Defendant D 5 billion and KRW 48 billion for the total sum of KRW 8 billion loan agreement amount of KRW 8 billion, and KRW 4-1 loans and KRW 4-1 (1) 1.

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