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(영문) 대전지방법원 2016.11.16 2014가합105831

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Facts

A. 1) The Plaintiff is not a party to the instant contract, etc.

(2) On April 23, 2013, the Plaintiff agreed to newly construct a multi-household house on its ground as the owner of the relevant land. On April 23, 2013, the Plaintiff concluded a contract with D for construction of a newly built multi-household house as the construction cost of KRW 520,00,000 (Additional Tax Division) and from April 23, 2013 to July 23, 2013 (hereinafter the “instant newly built construction”) with the construction cost of KRW 520,00,00 (Additional Tax Division).

(2) Meanwhile, on May 23, 2013, the Plaintiff borrowed money from the Defendant for the purpose of raising the construction cost of the instant case, and drafted a written waiver of the following contents (hereinafter “written waiver of the instant case”).

An obligor: The amount of the Plaintiff: the due date for the payment of KRW 590,00,00: August 22, 2013, the Plaintiff would not raise an objection even at the time of voluntary disposal of the following real estate, not complying with the due date for repayment with respect to the amount borrowed from the Defendant.

*Security: ① Special agreement on voluntary disposal of all multi-household houses (nine households) newly constructed on the ground of Jeollabuk-gun, Jeollabuk-gun, Jeollabuk-do. ② Sin-Gun, Jeollabuk-do. ② Sin-Gun, Jeollabuk-do.

2. If a joint and several sureties is unable to comply with the date of completion of construction and the date of repayment of loans under D's responsibility as a joint and several sureties, the Plaintiff may, in consultation with the Defendant, adjust the date of repayment (Adjustment within three months of the date of repayment of obligations).

(Provided, That the interest for the period of adjustment at the time of adjusting the date of repayment shall be 30% per annum, which shall be paid by D, which shall be paid by the contractor of the construction project and the joint guarantor (D) on May 23, 2013). 4. The payment details ① 70,000,000 won: 2. - Construction cost (payment by Plaintiff) on May 23, 2013: 107,50,000 won: 17,50,000 won (payment by Plaintiff): 162,50,000 won (ownership by Plaintiff) - 162,50,000 won (payment shall be made according to the ingredients of the construction work) - 250,000 won (payment shall be made according to the ingredients of the construction work).

B. The defendant's establishment of the right to collateral security, etc.