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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. The defendant, etc. 1) The reconstruction project of B apartment constructed on the land outside C and 3 lots of land in Yeongdeungpo-si (hereinafter "the project of this case").
(1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6841, Dec. 30, 2002; hereinafter referred to as the “Urban Improvement Act”) shall apply to an association established for the purpose of this Act, which obtained authorization to establish an association on August 9, 200, and shall be in force on July 1, 2003.
(2) Article 18(2) of the Addenda and Article 10 of the Addenda, D Co., Ltd. (hereinafter “D”) completed the registration of incorporation on August 11, 2003. (2) On April 11, 2014, D Co., Ltd. (hereinafter “D”) entered into a construction contract for construction of new apartment on the ground of the above C et al. between Defendant and E, a company which is the executor of the instant project, and E, and F is the representative director of D.
B. 1) D on April 8, 2015, borrowed KRW 700 million from the Plaintiff, who engages in credit business on April 8, 2015, at the interest rate of 2.9% per month (hereinafter “the first-use agreement of this case”).
The F and the Defendant jointly and severally guaranteed the above lending obligation. On the same day, the Defendant secured the above lending obligation to the Plaintiff, and on the same day, indicated in the column for indication of “real estate” in the attached Table, which the Defendant transferred from its owner due to trust (hereinafter “each of the instant real estate”).
(2) Around April 29, 2015, D entered into an investment agreement with the purport that the Plaintiff shall make an investment of KRW 400 million for the instant project, plus KRW 200 million until June 30, 2015, and shall pay damages for delay of KRW 2.9% per month (hereinafter “instant investment agreement”), and F and the Defendant’s representative G shall make an investment agreement with the Plaintiff on April 29, 2015, under which the Plaintiff shall make an investment of KRW 400 million for the instant project, and D shall make an investment of KRW 200 million until June 30, 2015.