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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 February 3, 2012, Defendant B entered into a construction contract with Nonparty G Co., Ltd. (hereinafter “Co., Ltd.”) with the content of constructing urban-type residential housing and commercial buildings (hereinafter “instant building”) on three parcels of the land owned by Yeongdeungpo-gu Seoul, Yeongdeungpo-gu and its neighboring E and F. The Plaintiff jointly and severally guaranteed Defendant B’s obligations under the said contract.
In implementing the new construction/sale project of the building of this case, “A” and “B” agree that “A” and “B” shall provide the following expenses to “B” for the purpose of successful completion of the project by combining “A” and “B”.
Fixed amount: 20 million won (the time of payment: the contractor after completion of the work and the date of completion of the settlement);
B. On February 8, 2012, Defendant B entered into an agreement with the Plaintiff as follows:
(hereinafter referred to as the “instant agreement”) and the following amount of KRW 200,000,000 (hereinafter referred to as “instant agreement”).
Defendant B obtained approval for the use of the instant building on May 31, 2013. At the time of completion, the instant building was an underground floor, the size of the 6th ground floor, the 1st underground floor, the 1st underground floor, the 1st and the 2nd ground are neighborhood living facilities, and the 3th and 6th floor have a 7-household urban residential house for each floor.
On the other hand, on August 13, 2013, G filed an application with the Seoul Southern District Court for the conciliation of the payment of the construction cost of the instant building with the Seoul Southern District Court No. 2013mer9415. Since then, the said case was implemented as a lawsuit and continues to be in force with the same court No. 2014Gahap10505.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 4, and 6 evidence, obvious facts to this court, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff entered into the instant agreement with the Defendants to help the construction of the instant building and to receive KRW 200 million in return. Accordingly, the Plaintiff arranged the contractor and purchased the land and purchased the land on the first floor.