손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the explanation on this part of the basic facts is as stated in Paragraph 2 of Article 420 of the Civil Procedure Act, except for the dismissal of part of Paragraph 2 of the Reasons for the Judgment of the court of first instance (“2. Ground”) as follows.
From the second part of the judgment of the first instance to the fourth to the second part, the second part of the judgment is as follows.
A. The Plaintiff entered into an agreement related to the Plaintiff’s business with the aim of promoting the business (hereinafter “instant project”) in which the Plaintiff, as the implementer of the urban environment rearrangement project in Zone 6 of the officer zone in which the apartment building of the office building in the office site and the secondary facilities (hereinafter “the main building”) is newly built on the land of 88-1 and 68 parcels in Jung-gu, Seoul, Jung-gu, Seoul (hereinafter “the main building site”), the Defendant Two Industries Co., Ltd. (hereinafter “Defendant Two Industries”) was designated as the contractor for the urban environment rearrangement project in Zone 6 of the Urban Environment Improvement Project in the area where the building in the office site and the main building are to be built, from the proceeds from the sale
1) On April 13, 2007, the Plaintiff of a business and a loan agreement is a new loan capital company (the first loan company) and Gangwon Partnership Co., Ltd. (the company and the special purpose company (hereinafter referred to as “Ghool Partnership”) for the purpose of raising business costs.
) As a trustee of a real estate security trust or a trustee of a A-KF real estate investment trust, a national bank (the manager of a partnership; hereinafter “national bank”); and as a trustee of a real estate security trust, a trustee of a business site and this building concurrently held the position of a purchaser who purchased the business site and this building.
(2) Defendant 2 Heavy Industries (a) concluded a “business and loan agreement” with the terms of transferring securitization assets, including the above loan claims, to Gangnam Partnership after lending KRW 240 billion to the Plaintiff on April 16, 2009 between Defendant 2 and the assumption of the obligation between the contractor and the assignee of the obligation.
Relevant matters shall be as follows:
§ 6-2. For secured obligations of the contractor,