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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) On February 11, 2012, the Defendant entered into a contract for a loan for consumption and a loan for consumption, etc., the Defendant is the Gangnam-gu Seoul Metropolitan Government Residential Facilities (hereinafter “instant building”) with the Plaintiff running a specialized construction subcontracting business, a construction business, etc.
(2) In the process of concluding a new construction project, the date of commencement is March 20, 2012; the date of completion is September 30, 2012; the contract amount is KRW 493,00,000 (excluding value-added tax, and the interest rate of delay in payment of prices is KRW 1/1,000 per day); and the remainder is paid KRW 10,000 after concluding a contract; and the remainder is paid KRW 483,00,000 as the first priority before and after completion of the construction project (hereinafter “instant contract”).
(2) Meanwhile, the Plaintiff and the Defendant included design costs, removal and civil construction costs, expansion construction costs, and studio option costs in the contract amount of the instant case, which are stipulated in the terms and conditions of a special agreement, and determined that the purchase cost was separately paid, and that the purchase volume of KRW 5.5% was additionally settled and fixed at the time of settlement of construction costs as a special agreement. 3) On March 19, 2012, the Plaintiff loaned KRW 140,000,000 to the Defendant at interest rate of KRW 8% per annum and delayed damages, 25% per annum. On the same day, the Plaintiff and the Defendant drafted a notarial deed on the payment of the construction cost of the instant contract and the repayment of the bonds, and drafted a notarial deed on the loan contract of this case.
The principal amount of Article 1 (amount) of the above performance contract is the sum of KRW 521,700,000 of the total construction cost and KRW 140,000 of the loans for the payment of lease deposit.
Of the above amounts under Article 2 (Interest), 140,000,000 won loans for a security deposit shall be paid with interest at the rate of 8% per annum from the date of loan to the date of repayment.
Article 3 (Date and Method of Performance) When the Corporation completes any of the above amounts (including interest), the defendant shall pay the above amounts first regardless of other obligations of the defendant.