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1. Of the judgment of the first instance, the part against the Defendant ordering payment to the Plaintiff in excess of KRW 98,780,39.
Reasons
1. Basic facts
A. The status B Co., Ltd. (hereinafter “B”) is the executor of the business (hereinafter “instant business”) of constructing and selling one unit of main complex building (hereinafter “D building”, “instant building”) on the land outside Jongno-gu Seoul and 61 parcel (hereinafter “instant building”), and the Hanjin Heavy Industries Co., Ltd. (hereinafter “Kjin Heavy Industries”) is the contractor of the instant business; the Plaintiff loaned the instant business funds to the buyer B; the financial institution and the Defendant loaned the intermediate payment on the instant building sales contract to the buyer; the Defendant entered into a sales contract on the part of the instant building with B.
B. On August 12, 2002, Jin Heavy Industries, Ninsan Real Estate Trust Co., Ltd. (hereinafter “Life Trust”), and the Plaintiff entered into a development project agreement (hereinafter “instant development project agreement”) with the content that “the Hanjin Heavy Industries on the project site secured by the Plaintiff with the funds borrowed by the Plaintiff shall newly construct and sell the instant building,” and some of the terms of the development project agreement are as follows:
(2) Roles and duties of A
1. To secure ownership of the entire project site referred to in Article 3, and to order the possessor who is likely to cause any trouble to this project;
4. Registration of security trust for the whole project site to Byung; 11. Responsibility for bearing interest by the time the intermediate payment to the buyer is promoted and the transfer of ownership is transferred: Provided, That Byung and Byung shall actively cooperate in preserving claims by the intermediate payment financial institution;
12. Obligations to repay the principal and interest of loans to such loans.
2. Completion of a liability for a building within the specified construction period under the construction contract agreement;
4. The number of buyers; and