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(영문) 서울고등법원 2020.12.23 2019나2031571

대여금

Text

1. The judgment of the court of first instance is modified as follows.

Plaintiff (Counterclaim Defendant) and Defendant (Counterclaim Plaintiff) are KRW 2,444,034,750.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a construction contractor of the business (hereinafter “instant building”) that constructs a main complex building in Bupyeong-gu Incheon Metropolitan Government E (the final underground floor, 28 floors above ground, total floor area of 19,625 square meters (64,873.93 square meters), and the Defendant Company is the executor of the instant business.

B. Around May 2007, Defendant Company: (a) bears all the expenses and taxes necessary for securing and authorizing the instant project site; (b) PF financial expenses; and (c) the Plaintiff, as a contractor, bears a construction contract agreement (hereinafter “the construction contract agreement”) with the Plaintiff that implements the construction of the instant building in the amount of KRW 3,500,000 (excluding value-added tax) per the average construction cost as the contractor; (b) Articles 3 (Responsibility and Obligations) of the instant contract agreement (hereinafter “instant contract agreement”).

1. The defendant company shall meet the following requirements of the defendant company's liability and cost:

Conclusion of a contract for purchase of the project site and all authorizations

(b) Securing land ownership and bearing expenses for transfer of ownership;

(d) Costs for the preservation registration of buildings and all taxes on land after the use inspection;

(k) Bearing of the proceeds from sale in lots and the financing cost of the PF;

2. The plaintiff shall perform the following duties with respect to this Corporation:

Construction under drawings and specifications and related Acts and subordinate statutes

(i) Article 5 (Financial and Financial Loans) of the Act on Business of the Plaintiff as a contractor

1. The Defendant Company shall, at the same time as this Agreement is concluded with respect to the purchase of the project site and the cost of the project, borrow from the financial rights to the maximum extent possible, and the Plaintiff shall cooperate with the Defendant Company to the maximum extent possible.

3. In relation to the business, the Plaintiff may lend business expenses related to the business of the Defendant Company, and the interest rate on the loan shall be 9% per annum.

4. The defendant company and the plaintiff shall borrow business expenses from the plaintiff or a third party other than the lender's consent.