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The judgment below
The part against the plaintiff is reversed, and that part of the case is remanded to the Jeonju District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. As to the second ground for appeal
A. The facts acknowledged by the court below are as follows.
(1) While implementing the Real Estate Ep (PF) development project on the site of the project in Incheon reinforced military forces, ELI&D Co., Ltd. (hereinafter “ELD”) already borrowed KRW 8 billion from the preceding mutual savings bank (hereinafter “former mutual savings bank”) and became difficult to obtain additional loans due to the same person’s loan restriction, etc.
(2) On December 30, 2008, a mutual savings bank extended KRW 3.59 billion to Defendant B Co., Ltd. (hereinafter “Defendant B”), and Defendant B extended the same amount to ELD on the same day.
(3) The preceding day, Defendant B, and ELJ drafted the “Agreement on the Terms and Conditions of Loans” for each of the above loans on the same day, and the contents thereof are as follows: “In the event that Defendant B’s loans are overdue or the preceding mutual savings bank is subject to business restrictions, the loans against Defendant B’s ELD will be transferred to the preceding mutual savings bank, and the third priority right certificate for Defendant B on the instant project site is transferred to Defendant B to the preceding mutual savings bank, and the entire repayment of the loans against Defendant B should be completed.”
(4) After that, ELJ sold the instant site to the movables Promotion Co., Ltd. (hereinafter “movable Promotion”). Accordingly, on April 3, 2009, the movables Promotion took over the above loans owed to Defendant B by ELJ. The preceding day, mutual savings banks, Defendant B, and the movables Promotion are identical with the terms and conditions of the above loans repayment, but the agreement was amended by ELJ into the movables Promotion.
The author has drawn up. (5) The fifth movable industry promotion was unable to pay interest on the above loans to Defendant B, and the Defendant B also did not pay the mutual savings bank on the preceding day.