Defendants shall jointly and severally serve as the Plaintiff KRW 1,371,559,934 and as a result, from August 5, 2016 to August 22, 2016.

Basic Facts

Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd.”) is a company incorporated by having invested land of D, E, F, G, H, Defendant B, etc. (hereinafter “Defendant B, etc.”) as the owner of the instant project site in order to promote the business of newly constructing and selling apartment units and neighborhood living facilities on the land of 20 stories underground and 20 stories above the ground (hereinafter “instant project site”). The Plaintiff is the starting corporation of the instant project.

On October 13, 2011, the Defendant Company, Defendant B, etc. entered into the instant business agreement and construction contract with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and the Korea Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”), and the Defendant Company, Defendant B, etc. entrusted the Korea Land Trust with the authority to manage and dispose of the instant business site and overall project, and the Pung Forest Industry entered into a land trust business agreement with the Korea Land Trust (hereinafter “instant first business agreement”) with the content that the instant project site and the overall project site will be performed after being awarded a contract for the instant project. The Korea Land Trust entered into a construction contract with the Pung Forest Industry at KRW 42,129,000,000 (pre-paid KRW 3.9 billion).

According to the first business agreement of this case, the defendant company had to bear the costs of cancelling limited real rights, etc. on the business site of this case.

Accordingly, in order to raise funds necessary for cancelling limited real rights, etc., the Defendant Company borrowed KRW 3.9 billion from the winding industry as of January 19, 2012 to March 31, 2015, with the maturity of repayment until March 31, 2015. However, the amount equivalent to KRW 140,000,000 paid by the winding industry as an advance payment performance guarantee fee as a title of interest on the said loan was to be returned separately from the loan on the maturity date (hereinafter “instant first loan contract”), and the above loan amounting to KRW 3.9 billion is the winding industry.