손해배상(기)
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiffs' claims against the defendant are all dismissed.
1. Basic facts
A. The Plaintiffs are the buyers and buyers of the commercial building that is scheduled to be newly built on the F and G ground of Daegu-gu (hereinafter “instant commercial building”) and C Co., Ltd. (hereinafter “C”) are the contractors and H Co., Ltd. (hereinafter “H”) who sell the instant commercial building. The Defendant entered into an agreement with C in relation to the payment of intermediate payment pursuant to the sale of the instant commercial building, and loaned money as indicated below to the Plaintiffs.
B. In relation to C, Plaintiff A entered into the instant sales contract with the 14th floor among the instant commercial buildings, and Plaintiff B entered into the instant sales contract with each of the 7th floor and 8th floor among the instant commercial buildings, and entered into the instant sales contract with the Defendant on January 29, 2016 for the payment of intermediate payments, and C and H jointly guaranteed each of the loans owed by the Plaintiffs.
The contractor's loan amount(s) as of January 29, 2019 after the maturity date of the loan extended by Plaintiff A 143,94,90 in the intermediate payment of Plaintiff A 143,94,90 / The fixed interest rate of 6% per annum on January 29, 2019 / The overdue interest rate (8% not exceeding 30 days per annum, more than 30 days but not more than 90 days, more than 90 days, and more than 10% per annum) shall be added to the above interest rate of 142,487,10 intermediate payment extended by Plaintiff B 142,487,100 on January 29, 2019 / [applicable] the fact that there is no dispute, each entry in the evidence Nos. 2 and 3 (including each number), each of the entire arguments, and the purport of the entire pleadings.
2. The loan obligations under the loan agreement of this case against the plaintiffs' assertion against the defendant does not exist for the following reasons.
① The Defendant directly paid the instant loan to C, not the Plaintiffs, and was paid the interest therefrom. In the event that the instant sales contract was rescinded, etc., C intended to directly repay the Defendant’s obligation to the Defendant. As such, the substantial party to the instant loan contract is the Defendant and C (or H) and the Defendant was aware of this.
② Even if not, the instant loan agreement is the case.