약정금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Based on the facts, H Co., Ltd. (former trade name before the change: I; hereinafter “H”) is a company that has operated automobile sales business, etc. with its head office located in the name of the head office in the Young-gu E Miscellaneous land 4,276.9m2 (hereinafter “instant building”).
Defendant C as the representative director of H, and Defendant B as the wife of Defendant C, respectively, served as H’s auditor.
After the construction of the instant building, X Co., Ltd. (hereinafter “X”) contracted a new construction project for the instant building from AB to the third underground and third underground floors above the ground.
X discontinued discontinued the construction work due to the failure to receive the construction cost, and exercised the lien on the building of this case from February 201.
H around November 201, 201, in the procedure of the auction of real estate (U.S. District Court AC) above.
The land described in the subsection was awarded a successful bid.
H was loaned KRW 7 billion by concluding a collateral trust contract for the instant land on November 23, 201 in order to raise construction funds for the instant building.
H entered into a contract for construction works with X on January 4, 2012, and X was subject to the completion inspection on August 12, 2013.
H terminated the said collateral trust contract on September 11, 2013, and entered into a collateral trust contract with J Co., Ltd. (K Co., Ltd. (hereinafter “J”) on the instant building, and borrowed 12 billion won in total from AD, AE and L Co., Ltd. (hereinafter “L”).
On the other hand, J sold the housing unsold in lots among the instant buildings, and L acquired ownership on May 12, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 24, the entire purport of the pleadings, and the main contents of the agreement between the plaintiff and the defendants as well as the evidence judgment agreement between the plaintiff and H and defendant C, respectively.