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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On February 25, 2010, the Plaintiff entered into a contract with the Defendant for the removal of buildings as follows (hereinafter “instant removal contract”).
1. The name of original contract for construction work: The removal work of the apartment-type factory C (the total floor area of 5,000 square meters) in Namyang-si, Gyeonggi-do;
2. Subcontract construction name: Removal of apartment-type factory C in Namyang-si, Gyeonggi-do (total floor area of 5,000 square meters).
3. The place of construction: Namyang-si, Gyeonggi-do;
4. Period of construction: Amount of contract on May 15, 2010 on the date of commencement on April 1, 2010 on the date of May 15, 2010: daily gold - Amounting to KRW 150,000 per square meter - 4,000 removed area - approximately 5,000 square meters (the amount of special wastes in a separate Do shall be separately adjusted);
6. Terms and conditions of the contract execution (special conditions) (1) The contractor shall, at the same time as a contract for a construction contract, pay to the defendant who is the ordering person in cash the amount of 200,000 million won (Won 20,000,000) by means
(2) When the commencement date is delayed in accordance with the contract form, the defendant shall return the value of the scrap and the bond to the defendant by April 10, 2010, if the commencement date is delayed, to the plaintiff.
③ In principle, if the commencement of construction is impossible due to the Defendant’s circumstances, the Defendant compensate the Plaintiff for the amount of KRW 0 million up to April 10, 2010.
④ 20% of the total construction cost shall be paid to the Plaintiff after commencement of construction works.
B. On March 10, 2010, the Plaintiff transferred KRW 200 million to D’s account designated by the Defendant pursuant to the instant removal contract, but did not commence the construction by the deadline stipulated in the instant removal contract due to the circumstances of the Defendant.
C. Accordingly, the Plaintiff urged the Defendant to perform the obligation under the instant removal contract, and demanded the payment of KRW 200 million already received under the instant removal contract and KRW 50 million for the non-performance of the obligation, and the Defendant and B drafted and provided the following monetary loan contract with the Plaintiff:
(hereinafter “instant loan agreement”).