1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation on this part of the premise is as stated in the corresponding part of the judgment of the court of first instance (from No. 2, No. 7, and No. 9). Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obligated to execute the project cost, such as construction cost, through the management of sales revenue, and is obligated to manage funds related thereto. Furthermore, the construction of postal services is obliged to perform the instant shopping mall in the Bupyeong-gu (hereinafter “instant shopping mall”).

In the transfer of the right to construct a commercial building, the Defendant (or the Plaintiff, a general successor), within three months after the completion of the construction of the commercial building, shall make the settlement of the construction cost under the construction of the commercial building (hereinafter referred to as “settlement of accounts”).

(1) The loan-backed financial institutions, including Korea Savings Bank, Gyeonggi Savings Bank, Solomon Savings Bank, (hereinafter referred to as “loan-backed financial institutions”) have a duty to pay such loan-backed financial institutions by not later than three months after the completion of the settlement of accounts.

In the event that the full repayment of the principal and interest of a loan is not possible, the Defendant shall either appropriate the principal and interest of a loan and the construction cost by means of discounting, selling, leasing, secured loans, etc., or perform the obligation to settle the loan even by means of payment in kind of unsold goods, etc.

However, in violation of the above agreement, the defendant committed an error in repaying the loan obligations of the lending financial institutions under the second agreement that should not be executed prior to the settlement amount of the plaintiff.

In the second arrangement concluded with the exclusion of the Plaintiff, the parties to the contract change the Plaintiff’s obligation to the lowest level in the order of funding execution, and the order of funding execution for additional loans by the lending financial institutions, which have not been discussed in the first agreement, is the settlement of the Plaintiff.