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1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3. The time when the action has been brought.
Reasons
1. Basic facts
A. On August 8, 2011, B agricultural partnership (hereinafter “B”) concluded a technical service agreement with the Defendant who operates C architect office, setting the service cost of KRW 58,00,000 with respect to construction design, authorization, permission, construction supervision, prior review of impact, civil engineering design, authorization, and permission, etc. (hereinafter “instant service agreement”).
B. On October 10, 201, B entered into a contract for the instant construction project with Taesung Construction Co., Ltd. (hereinafter “T Taesung Construction”) (hereinafter “T Taesung Construction”) and the construction cost of KRW 2,618,000,000 (including value-added tax) and the construction period from October 24, 201 to February 29, 2012 (hereinafter “instant contract”).
C. On December 23, 2011, B entered into an agreement on the corporate facility split-off loan agreement with the Korean Bank (hereinafter “Korea Bank”) that pays loans in installments at Tae-Gyeong Construction on the basis of the nature of the instant construction project, with 1,500,000 won, interest rate CD base rate of 2.89%, 17% per annum less than three months, 19% per annum for three months or more, 19% per annum from the extension date, and 1 year from the extension date, and 23 January 2013.
B as a security for the above loan, registered the creation of a neighboring mortgage in the amount of KRW 1,80,000 with respect to the land D, E, F, and G (hereinafter “instant land”), which was KRW 1,80,000,000 of the maximum debt amount, on December 30, 2014, with respect to the registration of the establishment of a neighboring mortgage in the said land as well as the two Dongs of factories on the ground of the said F and G land (hereinafter “instant building”), the additional registration of the establishment of a neighboring mortgage in the amount of KRW 1,80,000 for the maximum debt amount.
E. On December 201, the Defendant’s primary confirmation that the instant construction is 35%, and the secondary confirmation that the percentage of construction is 76% around January 201, and that the percentage of construction is 85.7% around April 2012.