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(영문) 수원지방법원 2019.02.13 2018나57346

대여금등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 18, 2013, the Defendant ordered the construction of the instant apartment to co-defendant B Co-Defendant B Co-Defendant of the first instance trial (hereinafter collectively referred to as “B, including the former trade name: N Co., Ltd.; hereinafter referred to as “B”) around December 18, 2013.

B. From December 2014 to B, the Defendant agreed to pay 10 units of the instant apartment complex (E Consent Nos. O, P, Q, F, R and S T, U, V, W, and X) as part of the construction price of the instant new apartment complex, the Defendant issued each of the instant apartment complex supply contract to B, with the remainder of KRW 700,08,40 (the remainder after deducting the total of KRW 1,050,132,60,00 in total of the sales price of the said 10 units from each of the above 10 units units) out of the money prepared by selling 10 units of the instant apartment complex (the remainder of KRW 70,08,40,000 after deducting the total of the sales price of each of the above 10 units units from the total of KRW 1,750,221,60).

(hereinafter referred to as the above agreement of this case, including the agreement on the payment of construction price and the delivery of apartment supply contract between the defendant and B, shall be referred to as "the first agreement of this case").

On December 4, 2015, the Plaintiff lent KRW 150 million to B (hereinafter “instant loan”). B, as security for the instant loan, issued a supply contract for Edong F (hereinafter “instant apartment purchase contract”) among the instant apartment supply contracts that B obtained from the Defendant and possessed by the Defendant, as security for the instant loan, to the Plaintiff.

(hereinafter referred to as the above B and the Plaintiff, including the agreement on the loan of this case and the issuance of the supply contract of this case, “the instant 2 agreement”). D.

After the Plaintiff decided to receive the instant loan by disposing of the instant F F to a third party, the Plaintiff issued the instant FF supply contract to K, which is one of its affiliated service subcontractors and one of its affiliated service subcontractors.