beta
Text
1. The defendant shall pay to the plaintiff KRW 351,682,299 and KRW 187,97,00 among them, from December 31, 2009 to June 30, 2010.
Reasons
1. Facts of recognition;
A. The status of the party is that B Co., Ltd. (hereinafter only referred to as “B”) loaned funds related to the new construction and sale business of one unit (D) of the main complex building (hereinafter referred to as “instant business”), which is scheduled to be constructed on the land outside Jongno-gu Seoul and 61 parcel, to the buyer, etc. of the instant building. The Defendant is the buyer who purchased part of the instant building from B.
B. (i) On August 12, 2002, Jin Heavy Industries Co., Ltd. (hereinafter referred to as Hanjin Heavy Industries), Jin Heavy Real Estate Trust Co., Ltd. (hereinafter referred to as Hanjin Heavy Industries), and the Plaintiff entered into a development project agreement with the Plaintiff on the construction and sale of the instant building on the project site secured by Jin Heavy Industries with the funds borrowed by the Plaintiff (hereinafter referred to as “development project agreement of this case”). The main part of the development project agreement of this case is as follows.
The Agreement on the Development Project of this case shall be concluded between B (hereinafter referred to as "A"), the contractor, the Hanjin Heavy Industries (hereinafter referred to as "B"), the trust agent, the trust agent, the trust agent, and the plaintiff (hereinafter referred to as "I"), the financial institution, the plaintiff (hereinafter referred to as "I"), who is a financial institution, with respect to the plaintiff's loan (hereinafter referred to as "Dong Loan"), which is a financial institution for the E (hereinafter referred to as "the Project").
Section 2. (Purpose of this Arrangement) The purpose of this Arrangement is to provide for the division of duties and responsibilities necessary for justice so that the funds for the Project are managed safely and the loan is repaid normally.
Article 4 (Duty Apportionment and Cooperation Obligation) (1) A, B, C, and P.S. shall share their respective duties and faithfully perform them for the successful completion of the project and for the normal repayment of the loan, and shall cooperate with each other and shall be responsible therefor.
(2) A.