하도급대금
1. The defendant's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.
1. Basic facts
A. The plaintiff is a small and medium enterprise owner with the purpose of collective housing and customer service comprehensive agency business, etc., and the defendant is a company with the purpose of housing construction business.
B. 1) The Defendant: (a) around December 2002, the process leading up to the implementation of the apartment sale business; (b) around December 2002, the Daeyang Industrial Development Co., Ltd. (hereinafter “Mayang Industrial Development”); and (c) when working together with the Defendant, the Defendant, etc.
) An urban development project district in the one-time meal Dong-gu, Busan Metropolitan City (hereinafter referred to as “food service district”) and the other-time meal service district.
(2) On September 27, 2005, a new bank (hereinafter “new bank”) entered into a business agreement and a loan agreement with the Defendant to lend KRW 98,00,000 to the Defendant with business funds in relation to the above apartment project (hereinafter “the instant loan agreement”), and on the same day, a new loan agreement was concluded with a limited liability company for filing a petition (hereinafter “petition”) to provide the Defendant with a share of business participation at KRW 70%, 30%, and the development of the large industry was set at KRW 24-1, 200 (the evidence No. 24-2).
3) Cumulative Forest Co., Ltd. (hereinafter “Cumulative Forest”)
A) Around June 2007, the Defendant, etc. participated in a collective housing project of a meal district A5 block. However, as to the meal district A3 block, only the Defendant and the solar industrial development had been promoted a collective housing project. 4) around January 2008, the Defendant, etc., as a joint contractor, entered into a contract for the construction of a meal district A3 block block apartment construction (hereinafter “instant apartment”) (hereinafter “instant apartment construction”) with the wall mountain construction company (hereinafter “instant apartment”) (hereinafter “instant contract”), and the wall mountain construction around that time.