beta
Text
1. The Plaintiff:
A. Defendant M&D, Korea Urban Development Corporation, and B, jointly and severally, 120,673.
Reasons
1. Facts of recognition;
A. (1) The conclusion of the contract for sale in lots is the executor of the business (hereinafter “instant business”) that newly constructs and sells “Dtel” (hereinafter “Dtel”) on the ground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the Defendant Korea Urban Development is the contractor of the instant business, and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is the trustee who received the real estate security trust (hereinafter “instant trust”) from the Defendant IMND in relation to the instant business. The Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) is the first beneficiary of the instant trust.
(2) On Nov. 28, 2004, Defendant A entered into a contract with Defendant HyM&D and Korea Urban Development, under which Defendant A would purchase KRW 804 out of the instant officetels at KRW 308,16,00 (hereinafter “instant sales contract”), and the main contents thereof are as indicated in the attached sales contract.
(3) Defendant A paid KRW 169,483,00 in total as down payment and intermediate payment out of the sales price under the instant sales contract.
(4) The starting date of the instant project is July 26, 2004, and Defendant IMW did not notify the buyer including the Defendant A of the designation date of the occupancy according to the instant sales contract or notify the scheduled date of occupancy modification.
B. The loan of this case and its progress (1) in order to prepare the intermediate payment of the sales contract of this case, Defendant A was loaned 61,634,000 won from the Promotion Savings Bank designated by Defendant HyM&D as prescribed by Article 2(4) of the sales contract of this case on July 18, 2005 under the joint and several surety (each maximum guarantee amount of KRW 8.4 billion is extended on January 18, 2009), interest rate of 11% per annum, interest rate of 25% per annum per annum per annum (from April 22, 2009 to 23% per annum).
hereinafter referred to as "the case."