Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 10, 2004, the Plaintiff entered into a contract with the Network Construction Co., Ltd. (hereinafter “Sur network Construction”) to construct a main apartment on the third and third lots of land in Ulsan-gu, Ulsan-gu, and to take charge of its design by receiving service cost of KRW 195 million (hereinafter “instant project”).
In addition, on September 11, 2004, the Plaintiff entered into a contract to receive service costs of KRW 90 million in relation to the instant project and to take charge of the construction supervision.
B. On May 9, 2008, the Plaintiff concluded a contract to additionally receive KRW 100 million for the design service cost according to the contract to additionally receive KRW 100 million as a result of the change in the design of the instant project and the extension of the construction period of the instant project, respectively, to additionally receive KRW 110 million.
C. On October 8, 2004, in the course of reporting on the commencement of the instant project and proceeding with the construction, the small network construction was loaned KRW 4.6 billion from the Yongsan Mutual Savings Bank Co., Ltd. (hereinafter “Puak Mutual Savings Bank”) on January 26, 2006 with the instant project funds.
(hereinafter “The first loan”). D and 91 other persons, the main apartment, the purchaser of the instant project, were loaned KRW 14,738,461,540 in total as part payments from the Green Savings Bank during the period from September 21, 2007 to February 24, 2009.
(hereinafter referred to as “the second loan of this case”). The construction of small network repaid all the first loan of this case to the part payment received from the buyer through the second loan of this case.
In the course of the first and second loans of this case, "Surg Construction" case includes the agreement on transfer and takeover of the project implementation right, confirmation of transfer and takeover of the project implementation right, waiver of enforcement right, supplementary right granting certificate, statement of change of the name of the owner, and statement of prohibition of change of the name of the owner, etc. to Furg Mutual Savings Bank as security for each of the above loans.