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(영문) 부산고등법원 2019.04.17 2018나56605
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. Status of parties, etc. 1) Y Co., Ltd. (hereinafter “YY”);

on August 22, 2005, a company established for the purpose of operating a housing construction business, etc. and newly constructing 1,307 apartment units on the ground outside the Ulsan-gu Z, Ulsan-gu, and 442 lots on the ground (hereinafter “existing business”).

(2) The Plaintiff is a company incorporated for the purpose of engaging in construction business, etc. on December 7, 197, and is a contractor awarded a contract for an existing project from Y on May 27, 2007 to 22, 2013, while AI served as Y’s representative director from December 9, 2009 to April 22, 2013.

3) The Defendant is a company established for the purpose of running a housing construction business, etc. on May 21, 2013. AG was in office as a director of the Defendant from the date of establishment of the Defendant, and is in office as the Defendant’s representative director from October 2, 2013 to October 2, 2013. (B) Y is converted into a long-term loan since it borrowed money from a housing company for a long-term loan of KRW 48,00,000 for land costs and project costs from AP Co., Ltd. (hereinafter “AP”) on May 27, 2007 to raise funds necessary for the existing business.

In addition, the Plaintiff obtained additional loans of the sum of KRW 9,000,000 (=3,000,000,000 on June 27, 2007) from A Q (hereinafter “A Q”) (i.e., KRW 6,000,000 on September 21, 2007). The Plaintiff, as a contractor of the existing project, was jointly and severally liable for each of the above Brazil loans of KRW 9,00,00.

Y Since December 26, 2007, in the case of housing construction projects with 95,00,000,000 won from the 18 lenders, such as AA, etc. (hereinafter “the lender of this case”), financial institutions are specific projects.

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