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(영문) 서울고등법원 2020.04.17 2019나2039858
손해배상(기)
Text

1. The Plaintiff’s appeal against the Defendants and the first day against Defendant B and Defendant D added by this court.

Reasons

1. Basic facts

A. Defendant Company is a company running businesses such as construction business, and Defendant C was the past representative director of Defendant Company, and Defendant D is the current representative director of Defendant Company.

B. On September 8, 2015, the Plaintiff and E Co., Ltd. (hereinafter “E”) entered into a contract with the Defendant Company (contractor) for construction of multi-household housing on the land of 2022m2m2 square meters in F forest land (hereinafter “instant construction”) with the construction cost of KRW 1.75 billion (excluding value-added tax) (hereinafter “instant contract”).

C. On November 12, 2015, E entered into a short-term loan agreement to raise the project cost of the instant construction project with I, and borrowed KRW 400 million from I within the interest rate of 4% per month and two months per month.

On November 12, 2015, the Plaintiff jointly and severally guaranteed the debt borrowed by E. On the other hand, the Plaintiff owned the Plaintiff’s ownership of 2,022 square meters of FF forest and field in Pakistan as seen earlier in the land, F,O, P, and Q, but divided into F, P, and Q land on October 28, 2015. Some of the land was transferred to K due to gift, and a collateral security was created regarding divided F,O, P, and Q land.

The debtor and the maximum debt amount of 60 million won were set up.

On the other hand, H, on November 12, 2015, a notarial deed of a monetary loan agreement (Law Firm J, Law Firm J, No. 1387, 2015), stating that H borrow KRW 400 million from the Plaintiff and as a joint and several surety for H’s loan obligation, was drafted on the same day.

A building that was being newly constructed under the instant contract was suspended in the course of construction works on January 2, 2016 when the structural construction was conducted on the fourth floor.

On March 11, 2016, the Plaintiff, K, and L sold to M the total amount of KRW 2.27 billion (20 billion in the land price, KRW 250 million in the building price, KRW 250 million in the building price) of the land, including the land in the Pacific City F, and the building being newly constructed on the land.

The defendant company received approximately KRW 280 million from the plaintiff around March 14, 2016 (including the amount already paid).

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