대여금
1. Of the parts against the Defendants of the judgment of the court of first instance, the payment order under paragraph 2 below exceeds the respective amount of money.
1. Basic facts
A. The status of the parties ① J Co., Ltd. (hereinafter “J”) is to undertake the business of newly constructing and selling one unit (L; hereinafter “L”; hereinafter “instant building”) of the main complex building on the land outside K and 61 parcels of Jongno-gu Seoul Metropolitan Government (hereinafter “instant business”).
(2) The Hanjin Industries Co., Ltd. (hereinafter referred to as the " Hanjin Heavy Industries") is the starting works of the instant business.
③ The Plaintiff is a financial institution that extended each intermediate payment for the sales contract to the J-related business funds, and to the buyers who concluded the sales contract for the building of this case with the J.
④ The Defendants are joint and several sureties under a loan contract concluded between J and the buyer for the sale of specific sections of exclusive ownership or between the Plaintiff and the buyer for the payment of the sale price under the sale contract.
B. 1) The J shall undertake the instant project on August 12, 2002, the Hanjin Industries, the Hanjin Real Estate Trust Co., Ltd. (hereinafter “Lifewise Trust”).
The Plaintiff and the Plaintiff entered into a development project agreement (hereinafter “instant development project agreement”) with the purport that “the Han Heavy Industries on the project site secured by J with the funds borrowed by the Plaintiff shall newly construct and sell the instant building” (hereinafter “instant development project agreement”). The main contents of the instant development project agreement are as follows (i.e., “A”; “B”; “B”; “B” refers to the Hanjin Industries; “B” refers to a birth trust; and “J” refers to the Plaintiff respectively.
(i)Article 4 (Business Apportionments and Cooperation Obligations A, B, C, and P.I.D.) of the instant development project agreement (for the successful completion of the project and the normal repayment of the loan, their respective duties are shared and co-operateed in good faith and the responsibilities arising therefrom.
(2) Roles and duties of A
1. To secure ownership of the entire project site referred to in Article 3, and to order the possessor who is likely to cause any trouble to this project;
4. The registration of security trust to Byung for the entire project site: 11. The buyer.