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(영문) 서울중앙지방법원 2015.03.26 2014가합559910
채무부존재확인
Text

1. The plaintiffs' attached Table 2 of the plaintiffs' attached Table 2 "Defendant" is dismissed in all of the claims against each of the defendant.

2...

Reasons

1. Basic facts

A. The process of promoting the new apartment sales business 1) Dratts Co., Ltd. (hereinafter “Dratts”)

2) The apartment house A (hereinafter referred to as the “instant apartment house”) in Yongsan-gu, Yongsan-gu, Yongsan-gu.

(B) is an executor newly constructed and sold, and B is a corporation (hereinafter “B”).

(2) The Defendants entered into a business agreement (hereinafter “instant business agreement”) with the Defendants regarding the business of lending intermediate payments to the buyers of the instant apartment complex (hereinafter “instant business agreement”) in the course of carrying out the instant new apartment construction project, drts and B (hereinafter “stock company”) and with the Defendants in the course of carrying out the instant new apartment construction project. Among them, the Defendants entered into a business agreement with the Defendants in relation to the business of lending intermediate payments to the buyers of the instant apartment complex (hereinafter “instant business agreement”). The relevant contents of the instant agreement are as follows.

Article 4 (Cooperation in Recovery of Claims by Defendant Nonghyup Bank and Defendant Nonghyup Bank) (1) In the event that Defendant Nonghyup Bank claims a reimbursement of loans from the prospective occupants in the part payment loan to the prospective occupants of Defendant Nonghyup Bank due to the occurrence of the causes for loss of profit under the basic terms and conditions of credit transaction among the prospective occupants of Defendant Nonghyup Bank, if the prospective occupants’ repayment of loans is delayed, drts and B cancel the sales contract to the prospective occupants immediately after receiving notice from Defendant Nonghyup Bank to recover the claims of Defendant Nonghyup Bank, and preferentially appropriate the principal and interest (including damages for delay) of Defendant Nonghyup Bank against the prospective occupants as the down payment and the part payment already paid by the prospective occupants within three months from the date of notification.

Article 4 (Obligation to Cooperate in Recovery of Claims by the Defendant Bank) (2) In the event that a contract for sale in lots is terminated (e.g., invalidation, cancellation, cancellation, etc.), the contractor shall lose the benefit of time and the right to sell in lots.

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