(영문) 부산고등법원 2015.04.29 2014나1577 (1)

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(영문) 부산고등법원 2015.04.29 2014나1577 (1)

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Upon the claim added at the trial, the defendant shall be the plaintiff.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 through 9, 11 through 18, 20, 22, and 27, and Eul evidence Nos. 1 and 2 (including each number, if any; hereinafter the same shall apply).

B A Co., Ltd. (hereinafter referred to as “B”) is the implementer of a new construction and sale project (hereinafter referred to as “instant new construction and sale project”) of the 16th and the 6th underground floors on the land on the 3,927 square meters wide (hereinafter referred to as “instant project site”) in Busan-gu, Busan-gu, Busan-do, and the Defendant is the contractor in charge of the construction of the instant building, and the Han Bank Co., Ltd. (hereinafter referred to as “I Bank”) is the trustee who completed the registration of ownership transfer from B on December 2, 2002 on the ground of the trust contract for the instant project site.

B. On November 20, 2002, B entered into a business agreement with Defendant Han Bank, Han Bank, and Young Life Insurance Co., Ltd. (hereinafter “Seodae Life Insurance”), with respect to the instant new construction and sales business, B, with loans from Han Bank and Young Life Insurance, bears the duty to sell the instant construction and repay the principal and interest of loan while implementing the instant new construction and sales business, and the Defendant as a contractor shall complete the instant building, and if a cause, such as default, arises, B succeeds to the duty to repay the principal and interest of loan. Han Bank, while taking charge of the fund management, etc. required for the instant new construction and sales business, entered into a business agreement (hereinafter “the first business agreement of this case”), which mainly provides for the validity of the instant first business agreement due to the cause attributable to B, as follows.

Article 17 (Cancellation and Termination of this Agreement due to Grounds attributable to B) (1) of the Business Agreement shall be as follows:

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