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1. The primary plaintiff's claim is dismissed.
2. The Defendant’s ancillary Plaintiff KRW 553,908,015 and the Plaintiff’s ancillary costs on January 2017.
Reasons
1. Basic facts
A. The Defendant is the executor of the business of newly constructing and selling 2 Da, E, and F-based lending (hereinafter “instant lending”), and 2 dong units, each of the “instant lending G-dong,” and “H Dong-dong,” respectively.
B. On October 2015, the Defendant drafted a standard contract for the construction of the instant loan (hereinafter “the instant construction contract”) with the primary Plaintiff (hereinafter “the instant construction contract”).
its key
Details are as follows:
The scheduled completion date: The contract amount of the new construction project for the loan in this case: 1,547,60,000 won; hereinafter referred to as "additional tax";
A contract bond: No amount completed: Reference to the warranty bond rate for defects: Reference to the special agreement: 1/1,000 related documents: One copy of the special agreement;
C. On November 5, 2015, the Defendant drafted an agreement on “the instant special agreement” (hereinafter “instant special agreement”) with the conjunctive Plaintiff and the instant construction works.
The main contents are as follows:
A “Defendant / Contractor”: Preliminary Plaintiff’s address: The aggregate of construction costs in Gwangju City D, E, and F: KRW 1,460,000 (Additional Tax Map)
3. The timing and method for the payment of the construction cost. ① By the tenth day after the IF removal, A shall provide a loan to B to borrow funds from banks and individuals (outsides) for the smooth construction of B, to the extent that the loans do not exceed the construction cost for the above-mentioned land, and shall receive additional loans from financial institutions other than secured loans (class 1.1 billion won) as of the above-mentioned date, and pay them to B.
If payment is delayed or not paid, 2% interest per month shall be paid on the amount paid.
b. However, in the event of the occurrence of the costs in connection with the additional loan, Gap and Eul shall be borne by 50% and interest.