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The judgment of the first instance, including the claims extended by this Court, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company established for solar power generation, electric facilities, construction business, and sales business, and the Defendant is a company established for the purpose of electricity, fire-fighting, telecommunications, general construction business, etc.
B. On March 17, 2014, the defendant (contractor) entered into a contract with C (contractor; hereinafter referred to as "C") for installation of solar power plants on the surface of the land outside D and seven parcels outside D in Ansan-si, and for installation of G water circuit solar power plants on the surface of the e-mail and seven parcels outside E (hereinafter referred to as "instant contract"): The payment for the intermediate payment shall be made within 1,860,000 won for solar power plants in e-mail type ( separate value-added tax), 1,860,000,000 won for the solar power plants in G water line before G water line, and 1,860,000,000 won for construction: The payment for the intermediate payment shall be made on April 1, 2014 on the commencement date; 1, 2014; 0.1,0000,0000 won for the intermediate payment within 7,000 days after the completion inspection; and
The main contents are as follows:
C. On March 17, 2014, the Defendant and the Plaintiff, as a lender, lent necessary funds, etc. in relation to the instant loan agreement (hereinafter “instant loan agreement”) with C, a borrower, as indicated in the following table, pursuant to the loan agreement: (a) the lending limit of KRW 3,720,00,000; (b) the Defendant’s lending limit of KRW 1,860,000,000 in kind; and (c) the Defendant’s lending limit of KRW 1,335,00,000 in kind; and (b) the Defendant lent C with cash pursuant to the said loan agreement:
However, the sum of 100,000,000 won for each amount equal to 8,9,10,12 times as follows was deposited in the Plaintiff’s account.
The credit transfer of KRW 100,000,000 on March 17, 2014 and KRW 475,000 on account transfer of KRW 100,000 on April 18, 2014, and KRW 300,000 on April 30, 2014.