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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On April 2010, C Co., Ltd. (hereinafter “C”) entered into a contract with D and Gyeonggi-gun E land (hereinafter “instant land”) for the Housing Site Creation Work (hereinafter “instant construction”).
B. C Company was supplied with oil, etc. equivalent to KRW 16,278,752 from September 1, 2010 to December 30, 2010, which was operating a gas station with the trade name “F” while performing the instant construction project.
C. Meanwhile, on September 21, 201, the Defendant entered into a contract with D and the instant land in the presence of the C company on September 21, 201, by acting as the agent of the C company, to purchase KRW 300 million, and the Defendant, D and C agreed that on the date of the said contract, the Defendant succeeded to the obligation to pay the construction price to D and shall substitute for the payment of the remainder of the purchase price of the instant land.
Since then, on November 3, 2011, C companies made a written agreement with D that “The construction amount related to the land development project in this case shall be agreed at KRW 270 million, and thereafter consultation shall be held that there is no additional claim for construction cost and any other expense.”
E. On November 17, 2011, the Defendant: (a) drafted a performance letter stating that “The Defendant shall pay the Company C with an undertaking to pay the amount to be paid to the Company C upon the Defendant’s acceptance of all of the civil engineering works on the instant land’s materials to the Company C at the time of payment of land remaining at the same time until December 31, 2011 to each individual of the Company (hereinafter “instant performance letter”); (b) around that time, the Defendant and C Company confirmed creditors related to the instant construction on behalf of the Company C; and (c) agreed that the Defendant would pay the total amount to be paid to the said obligees KRW 270 million.
(hereinafter “this case’s agreement”). Accordingly, on November 17, 201, the Defendant, to the creditors of the C Company related to the instant construction, is against C Company and this.