대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Defendant entered into a sales contract with the Defendant on September 28, 2007, and the C commercial building newly built on the B and 15 lots outside Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant commercial building”).
Of the sales price of KRW 101,466,00, the sum of the first or third intermediate payments out of KRW 101,46,000 among the five-storys is KRW 30,420,00. The sales contract determined on March 3, 2009 (hereinafter “the first installment contract”).
(2) On October 12, 2007, the Defendant entered into a contract with the Royman Co., Ltd., Ltd., and the sum of the first or third intermediate payments of KRW 113,154,00 for the second floor 106 among the instant commercial buildings is KRW 33,930,00;
On March 2009, the sales contract was concluded on March 2, 2009 (hereinafter “instant secondary sales contract”).
3) According to each of the instant sales contracts, the Defendant shall deposit the sales price into the accounts of the Agricultural Cooperative Federation of Incorporated Real Estate Trust. If the Defendant appropriated the first or third intermediate payment for the loans from financial institutions designated by the Roster Co., Ltd., the Defendant shall have all the documents necessary for loans from the financial institutions separately designated by the Roster Co., Ltd., and the Defendant shall be able to execute the loans in the name of the Defendant. In relation to the above intermediate payment loans, the interest from the first date of the first implementation of the loan to the date of the designation of the Roster Co., Ltd., Ltd., the payment for the interest was made on behalf of the Plaintiff. B. The rights and obligations for the banking business sector was transferred to the Plaintiff as of March 2, 2012.
The National Agricultural Cooperative Federation and the Plaintiff are not classified and “Plaintiffs”.
On November 28, 2007, with respect to the construction of the new commercial building in this case, the agreement on the loan of the intermediate payment to the prospective occupants of the commercial building between the lusheshes corporation and the C&Wn corporation, a contractor, and the C&Wn corporation.