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1. The part concerning Defendant C among the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.
2...
Reasons
1. Basic facts
A. On November 29, 2013, the Plaintiff entered into a contract with Defendant B for the civil engineering works for the construction of the factory site (hereinafter “instant construction works”) on the land of 19,372 square meters of Fancheon-si, Yong-si (hereinafter “instant land”) and implemented the construction from December 2, 2013 to March 23, 2014.
At the time of the instant construction contract, Defendant B agreed to pay to the Plaintiff the sum of the expenses actually incurred in the construction cost plus the twenty percent thereof.
B. On February 23, 2014, Defendant B drafted to the Plaintiff a letter of payment for the instant construction cost (No. 2, hereinafter referred to as “certificate of payment for the instant construction cost”) (the date of the preparation of the first sheet of rejection appears to be clerically written, “the date of February 23, 2013”), Defendant D (the investor of the instant project related to the instant construction work), and E (the employee of Defendant B) also drafted to the Plaintiff a letter of payment for the instant construction cost on March 18, 2014.
C. The instant land was purchased from G, and on May 19, 2014, before the ownership transfer registration was completed, the registration of provisional attachment of KRW 113,882,700 (Seoul District Court 2014Kadan2671, hereinafter “instant provisional attachment”) was completed in order to preserve the Plaintiff’s claim for the instant construction payment regarding the instant land.
With respect to the instant land, on June 23, 2014, G immediately completed the registration of transfer of ownership on the ground of sale as of May 15, 2014 to H (the representative director C, Defendant D, 19,372/19, 9,429) and I Co., Ltd. (the representative director C, Defendant C, 19,372/9, 943/19).
Defendant B and D shall receive loans of KRW 119,00,000 from the P Representative Plaintiff on August 12, 2014 to the Plaintiff on a preferential basis, and the scheduled amount shall be October 31, 2014: Provided, That the Promissory Notes pertaining thereto shall be the payment key until December 31, 2014, respectively, in the form of Defendant B, C, and D’s letter of payment under the name of Defendant B, C, and D, and the third written rejection.