1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The defendant is the implementer of the reconstruction project for H, I ground B-house and commercial building in Yeongdeungpo-gu Seoul Metropolitan Government, and C is the contractor of the reconstruction project for the new apartment construction pursuant to the above reconstruction project.

B. On June 2009, upon entering into a contract for construction works for the above reconstruction project, the Defendant and C agreed that the general unit unit of 21 units, excluding the 33 units unit units among the 54 units of E apartment, among the 54 units of members, shall be sold in lots by C to cover the construction cost and the project cost.

According to Articles 11 and 16 of the above construction contract, the defendant shall actively cooperate with C to recover the construction project cost with the proceeds from sale in lots from the households of general sale in accordance with the progress rate of new construction works, and C may arbitrarily determine matters concerning the sale price, sale method, sale procedure, collection of sale price, intermediate payment loan, etc. of the households of general sale in lots. Although sale in lots is in the name of the defendant, C is in charge of management and withdrawal of sale proceeds, and the defendant shall affix his/her consent to C's request to withdraw sale proceeds

C. Upon receipt of a request from C to lend KRW 190 million with a bank loan from the Plaintiff’s name, the Plaintiff entered into a loan transaction agreement (hereinafter “the instant loan transaction agreement”) with the National Bank of Korea (hereinafter “National Bank”) on May 9, 2012, under which the Plaintiff, a supplier, purchases E apartment at KRW 101 Dong 1002 (hereinafter “instant apartment”) from the Defendant and Si Corporation C for KRW 495 million, stating the content of the instant apartment contract.

The Plaintiff loaned KRW 189,165,00 to C with a loan from a national bank in accordance with the instant loan transaction agreement, and the said loan is the Defendant on May 10, 2012, as stipulated in the instant loan transaction agreement.