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1. The Plaintiff’s primary claim and ancillary claim on the transfer of the right to execute the project among the lawsuits against Defendant Net Construction Co., Ltd.
Reasons
1. Basic facts
A. (1) On September 29, 2006, the Plaintiff entered into a contract for the implementation of a marina business and the conclusion of a contract with the Plaintiff (hereinafter “instant project site”) on September 29, 2006, the land of 108,985 square meters (hereinafter “instant project site”).
2) The project undertaken to create a condominium, network, etc. (hereinafter referred to as “instant project”)
(2) The Plaintiff purchased the instant project site from November 2006 to May 2008.
3) Since then, the Plaintiff’s contract amount as KRW 73,496,287,800 (including value-added tax) between Defendant Barun Construction and the instant construction project for the execution of the instant project (hereinafter “instant construction project”).
) The contract agreement (hereinafter referred to as “instant contract”).
(2) On August 31, 2007, the Plaintiff concluded a loan agreement with Gyeongnam Bank, Gyeongnam Bank, Danam Bank, Danam Bank, Danam Bank (hereinafter “Gyeongnam Bank”) on a loan of KRW 103 billion (hereinafter “instant loan”) in the name of funds to carry out the instant project, and entered into a loan agreement with Gyeongnam Bank, Gyeongnam Bank, C, Defendant P, and Maz-type money, and Korean asset trust.
(hereinafter “instant loan agreement”). Article 5-5 (Establishment and Management of Interest Reserve Account) (1) The parties to the instant loan agreement will establish and maintain an interest reserve account in the name of the real estate trust company in the financial institution designated by the Fund Management Agency and the lender in order to facilitate the payment of interest on the loan.
2. The parties to the instant loan agreement shall accumulate interest reserve funds in the interest reserve account by the following methods:
1. On the date of loan implementation, an amount equivalent to the interest for 12 months from the date of loan implementation shall be deposited in the interest reserve account;
2. The interest payment date which falls in the 12-month month after the date of loan execution and each interest payment date which arrives thereafter shall be the date of the relevant interest payment.