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1. Defendant A’s KRW 136,311,489 for the Plaintiff and KRW 5% per annum from June 1, 2010 to August 31, 2012.
Reasons
1. Basic facts
A. On November 24, 2005, the Plaintiff is a corporation whose name is indicated as a "representative bank or proxy bank" under the loan agreement of the instant PF loan (hereinafter referred to as the "Agreement") by the 12 financial institutions which were in charge of project financing loans (hereinafter referred to as "the instant PF loan") for the business of constructing and selling D apartment at the Gangseo-gu Busan Party C (hereinafter referred to as "the instant business"). The Plaintiff is a corporation whose name is indicated as a "representative bank or proxy bank" under the loan agreement of the instant PF loan (hereinafter referred to as "the instant PF loan agreement").
B. Defendant 20. A, the executor of the instant project, and the person who actually operated E Co., Ltd. (hereinafter “E”), the contractor of the instant project, entered into a sales contract with respect to D apartment Nos. 304 and 1005. The remaining Defendants entered into a sales contract with B with respect to each of the households of D apartment (hereinafter “each of the instant apartment”) as indicated in attached Table 3, or succeeded to each of the above sales contracts, or succeeded to each of the above sales contracts, or set forth in subparagraph 1(g) and subparagraph 3-D as follows.
2) As seen in subparagraph (a), each apartment of this case entered into a new concept “new concept charter” contract for each apartment of this case.
C. B, on November 24, 2005, borrowed a loan of KRW 300 billion between the instant lender and the instant lender on September 29, 2009, and then borrowed KRW 270 billion (hereinafter “instant PF loan”) after entering into an agreement on the instant PF loan to extend the loan to September 29, 2009 in order to raise funds for the purchase price of land, initial business expenses, and preliminary driving funds for the instant project. After doing so, B drafted a “agreement on the extension of the term of loan” with the content that extended the said loan to September 29, 2010.
According to the instant PF loan agreement, B proceeds from the instant project divided into three-lanes, but the sales rate reaches 70% after the first procedure for sales of the project.