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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. The status of Defendant B Co., Ltd. (hereinafter “Defendant B”) is the project implementer that newly constructs F, a passenger vehicle terminal, on the land of Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan (hereinafter “instant new building”). 2) The name was changed to “MMCo Co., Ltd.” on August 14, 2009; hereinafter “MMco”) was a contractor that received a contract for the said new construction from Defendant B, and was merged into Defendant Hyundai Engineering Co., Ltd. (hereinafter “Defendant Hyundai Engineering”) on April 3, 2014 during the instant lawsuit.
3) A Co., Ltd. (formerly: D; hereinafter “A”) is a financial institution that takes charge of the business of lending construction costs, etc. in relation to the said new construction project. (4) Defendant C is a loan obligor for a loan executed on May 2, 2008 by A to pay the first progress payment to Hyundai Mco.
B. (1) On October 16, 2007, Defendant B entered into a contract for a new construction project with Hyundai MMco with the term “date of completion: April 25, 2010” and “131.635 billion won of the construction cost (excluding value-added tax)” as to the new construction project of this case. (2) As to the payment of the construction cost, Article 23 of the said contract stipulates as follows:
The construction cost, regardless of the sale rate of the project, shall be paid as the construction cost the total purchase price of the discount points agreed to move into the second underground floor and the third underground floor of the new building after the construction of the project, and shall be paid preferentially from the proceeds of sale by the general buyers in preference to the loans by financial institutions.
(7) If Defendant B fails to pay the intermediate payment and the completion money within the due date, the unpaid amount shall be paid in addition to the late payment charge calculated by applying the interest rate of 10% per annum to the number of days from the day following the due date of payment until the due date of payment, and where the payment of the work price is delayed at least once, Hyundai MM Co.