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1. As to KRW 42,373,963,193 among the Plaintiff and KRW 39,882,378,566 among the Plaintiff, the Defendant shall start from February 17, 2017 to December 12, 2017.
Reasons
1. Basic facts
A. The Plaintiff is the contractor of the instant project that constructs apartment complexes in the area B in Vietnam (hereinafter “C apartment construction project”) and the Defendant is the contractor of the instant project.
B. D Co., Ltd. (hereinafter “D”) is an investor of the instant project and owns 100% of the Defendant’s shares by establishing the Defendant in Vietnam at the local level.
C. As a contractor, the Plaintiff is the Defendant as a project implementer, and D, as an investor, concluded a contract for construction works of the instant project on March 21, 201 and set the duty to perform each of the instant projects in promoting the instant project.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of claim
A. On April 27, 2011, the Defendant and D entered into a “business and loan agreement” with the Military Personnel Mutual Aid Association, and with the content that funds necessary for the construction cost and other project cost of the instant business are loaned and provided security for the said loans.
B) A loan under the foregoing arrangement consists of T Bank 1 and T Bank 2. The amount of each loan, borrower, and joint guarantor are as follows (the Plaintiff was also a joint guarantor at the time of the foregoing agreement, but the Plaintiff was excluded from the joint guarantor through a revised contract on June 21, 2013.
(2) The Plaintiff agreed that the Defendant and D shall concurrently acquire the entire secured debt of the Defendant and D immediately when the cause for loss of profit under the term occurs. The lender, a joint and several surety of the Defendant, E, E, and E, a joint and several surety of the Borrower 20 billion won loan 20 billion won, was changed from the Military Mutual-Aid Association to Burcing Ltd. and AS global global company, and the repayment of the Bank Bank 1 loan 20 billion won and 10 billion won loan 20 billion won was made on February 16, 2017, and Tan Bank 2-21 billion won.