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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The conclusion of a credit transaction agreement and payment order 1) Company B (the Suwon District Court, August 31, 2012) was declared bankrupt and the Defendant was appointed as a trustee in bankruptcy;
hereinafter referred to as “B”
C Co., Ltd. (hereinafter referred to as “C”)
(2) The Defendant was paid 2.3% interest rate of 5,100,000,000 on August 29, 2008 with the following credit transaction agreements: (a) 13% interest rate of 13% per annum on August 29, 2009; (b) 14% per annum on February 17, 200,000; (c) 26% per annum on June 17, 2010 3.36% per annum on June 4, 2008; (d) 26% per annum on June 11, 200,000,000,000 per annum 135% per annum on June 4, 2009; and (e) 25% interest rate of 13% per annum on June 4, 2009; and (e) 36% interest per annum 135% per annum on June 30, 2011.
B. On April 30, 2008, C and D entered into a joint business agreement with respect to E commercial buildings in Jung-gu Seoul, Jung-gu, Seoul on April 30, 2008. At the time, C may be granted tax reduction or exemption on the acquisition and registration of real estate for five years since it was established, and thus, C’s name on June 4, 2008 (hereinafter “F Association”).
From now on, the sales contract was concluded to purchase the above commercial block.
(1) The main contents of the above sales contract are 98,52,480,00 won in total. Of the down payment of KRW 19,710,496,00 (the amount equivalent to 20% of the parcelling-out price) 13 billion in total, the remainder of KRW 6,710,496,00 in sales contract at the same time as the sales contract is concluded, and the remainder of KRW 39,420,92,00 in part payment of KRW 39,420 (the amount equivalent to 40% of the parcelling-out price) and the remainder of KRW 39,420,92,00 in total and KRW 40% of the sales price of KRW 39,420,92,00 in total shall be paid in July 15, 2008; ② where C delays delays the intermediate payment and the payment obligation of the remainder and the down payment of the down payment without any separate peremptory notice, the F.