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1. The Defendant’s KRW 370,000,000 to the Plaintiff, as well as 6% per annum from December 13, 2017 to November 28, 2018, respectively.
Reasons
1. Facts of recognition;
A. B and the Defendant’s executives, addresses, and shareholding status 1) B (hereinafter “B”)
(2) On April 30, 2015, the Defendant was established for the purpose of real estate enforcement business, etc. on April 28, 2015, and the directors of B are C, D, E, and F, and C and D are co-representative directors of C and D. Also, the head office of B is Gangnam-gu Seoul Building, 1312, and C and 1,000 shares issued B are 30 shares, respectively. 2) The Defendant was established for the purpose of real estate enforcement business, etc. on May 30, 2016, and the Defendant’s director is C, D, E, H, and C and D are co-representative directors of the Defendant.
In addition, the defendant's head office has Seoul Gangnam-gu G Building, 1312, and 30,000 shares issued by the defendant, D, 10,50 shares each, and E, 9,00 shares each.
B. The Plaintiff’s subrogation 1) B is the executor of the business that newly constructs and sells an officetel and a J, a neighborhood living facility, in I, and the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on September 23, 2015.
(1) On October 7, 2015, after concluding a land trust contract with a sale-type land, the Korea Housing Bank Co., Ltd. (hereinafter referred to as the “Korea Housing Bank”) is the Korea Housing Bank.
A) Under the land trust contract for sale-type land, a person was granted a loan of KRW 2,550,000 (hereinafter “instant loan”) from J as security for the preferential right to benefit (hereinafter “instant loan”).
(2) On May 26, 2017, the Plaintiff, a contractor of J, jointly and severally guaranteed the instant loans, and as the Plaintiff failed to repay the instant loans, the Plaintiff subrogated the instant loans amounting to KRW 2,550,000 to the J Savings Bank on behalf of the Plaintiff.
C. The Defendant’s business progress is the executor of the business that newly constructs and sells urban-type residential housing L to K at the early of the early of the beginning of the month, and the Defendant entered into a land trust contract with the Korea Land Trust on February 28, 2017, and implements a new construction and sale project.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 14, Eul evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. The plaintiff.