beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 2012, Defendant B Co., Ltd. (hereinafter “B”) decided to purchase from D the E large-scale 1817 square meters (hereinafter “instant land”) in Yangju-si, and carried out construction works for the construction of two factories (A and B) on the said land.
(hereinafter “E factory”). However, it became impossible to proceed with A and B construction any longer because it is difficult to obtain a loan under Defendant B’s name.
B. Accordingly, around February 2013, Defendant B ordered the Plaintiff to make an oral contract for A, B, and additional construction, and the construction cost shall be calculated and paid after settling the expenses actually incurred. However, Defendant B obtained a loan from a financial institution under the name of the Plaintiff as security, and agreed to cover the Plaintiff’s construction cost with the remainder of land purchase for Defendant BD (seller of the land in this case), factory A and B, and the construction cost for new construction, and the remainder of the loan.
C. According to the foregoing agreement, on March 7, 2013, the Plaintiff provided the instant land as security and was loaned KRW 700 million to the Maducheon Agricultural Cooperative on October 30, 2013, the Plaintiff offered the instant land as security (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based, one hundred million won, and repaid the existing loan amount of KRW 970 million to the Maducheon Agricultural Cooperative.
The Plaintiff managed KRW 970 million borrowed, and used KRW 368 million out of which Defendant B had to pay to Defendant B as the purchase balance, and used the remainder as the construction cost (50 million), material expenses, and the construction cost to be received by the Plaintiff related to C or Edong-related subcontractors (G).
E. On December 31, 2013, the Plaintiff issued a tax invoice of KRW 620 million in total to Defendant B, and around that time, the Plaintiff and Defendant B issued a tax invoice of KRW 620 million in total.