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The plaintiff's appeal and the claim extended in the trial are all dismissed.
The costs of lawsuit after filing an appeal are assessed against the Plaintiff.
Reasons
The plaintiff of the first instance judgment, which accepted the claim in the first instance trial, extended the claim in the first instance trial, is merely a claim for the whole part of the claim in the first instance trial, and is identical to the cause of the claim in the first instance trial, and the matters alleged by the plaintiff as the reason of appeal are not significantly different from those alleged in the first instance trial. Even if all of the arguments and evidence are reviewed, the fact finding
Therefore, according to the main sentence of Article 420 of the Civil Procedure Act, the reasoning of the judgment of the first instance shall be cited as the reasoning of the judgment of this court in addition to the following Paragraph 2.
2. The part of the judgment of the court of first instance that is dismissed or added is that the Plaintiff is obligated to pay KRW 210,000,000, which is a part of the amount of damages, to the effect that it is liable.
The following shall be added to the nine-dimensional one of the judgment of the first instance.
(6) The Plaintiff asserts that the Defendant shall repay the instant loan and the construction cost in accordance with Article 40 of the instant contract. However, it is reasonable to deem that Article 40 of the instant contract is premised on the loan and the construction cost due to the due date, such as the arrival of the due date or the loss of the interest, etc. due date. As seen earlier, the instant loan at the time of the Defendant’s payment of the construction cost did not arrive due to the arrival of due date or the loss of the interest due date, etc., and it is difficult to view that the Defendant has the obligation of early repayment of the instant loan whose due date has not arrived, and therefore, it is difficult to view that the Defendant
Even if the contract of this case is violated, it is difficult to view it.
7) The project cost account of this case is a joint account established by the Plaintiff and the Defendant as a creditor of the loans, and the consent of the Plaintiff is necessary for withdrawal. It is funds that the Defendant withdrawn from the project cost account of this case.