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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On October 2006, the Plaintiff is a contractor who entered into a construction contract for multi-family housing reconstruction project (hereinafter “instant reconstruction project”) with the Plaintiff and the Nonparty Association for the purpose of the instant reconstruction project. Around October 2006, the Plaintiff is a person who has lent money to the Plaintiff and the Nonparty Association several times for the instant reconstruction project.
B. On November 7, 2008, the Plaintiff and the Nonparty Union prepared and issued to the Defendant a certificate of borrowing that “the Plaintiff and the Nonparty Union borrowed KRW 50 million from the Defendant at 3% interest rate per month and as of December 7, 2008,” which stated that “the Plaintiff and the Nonparty Union borrowed KRW 50 million from the Defendant as of December 7, 2008.”
(2) On January 19, 2009, the Plaintiff and the Nonparty Union prepared and issued to the Defendant a certificate of borrowing that “the Plaintiff and the Nonparty Union borrowed KRW 150 million from the Defendant with interest rate of KRW 3% per month and due date of payment as of April 19, 2009.”
B) On January 20, 2009, the plaintiff, the non-party partnership, and the defendant entered into a sales contract with the plaintiff and the non-party partnership to purchase 603 billion won of the apartment of this case retroactively from the date of the sales contract on November 7, 2008. The plaintiff and the non-party partnership entered into the sales contract with the defendant to purchase 603 billion won of the apartment of this case from the plaintiff and the non-party partnership on November 7, 2008 and agreed to substitute the balance of 150 million won as loans on November 7, 2008 as above and as loans on January 19, 2009. (1) On January 21, 2009, the plaintiff and the non-party partnership entered into a sales contract with the defendant on January 21, 200 (the loan certificate with the defendant as interest rate of 30 million won and February 21, 2009.)