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1. The part against Defendant D among the judgment of the court of first instance is revoked, and the plaintiff who falls under the revoked part is against Defendant D.
Reasons
1. Facts of recognition;
A. The Plaintiff owned a 413 square meters prior to the F. B. A. B. A. B. A. B. B. (hereinafter “A. B.”) newly constructed multi-household housing (hereinafter “the instant building”) with a total of eight households on the said land and G school site (the Plaintiff, although it was owned by Defendant D, on May 7, 2015, on the ground of sale as of May 6, 2015) with respect to the said school site, on May 7, 2015.
B. On January 27, 2014, the Plaintiff drafted a written agreement (Evidence A2, hereinafter “instant agreement”) with the Defendants and the Ga General Construction Co., Ltd. with respect to the cost of new construction of the instant building as follows: (a) on January 28, 2014, Defendant B, and C; (b) on January 28, 2014, the following day, under the joint and several surety between Ghana General Construction and Defendant D, the interest rate of KRW 350,000,000 was set at 7.2% per annum; (c) on a yearly basis, the overdue interest rate was set at 24% (hereinafter “instant loan”); and (d) according to the written agreement of the instant case, the maturity period was within 45 days from the date on which the registration of ownership preservation in the Plaintiff’s name was completed with respect to the instant building in the name of Ghana General Construction.
Written Agreement (No. 2)
1. Location indicating real estate: The area of the land on three lots outside J-si and two lots outside J-si (hereinafter “three complex land”): J (537 square meters), K (36 square meters), G (36 square meters), F (413 square meters in lots), G (34 square meters in lots), L (123 square meters in lots), M (32 square meters in lots): 19.45 square meters in lots (3 complexes), 199.45 square meters in lots (3 complexes), 199.45 square meters in lots (4 complexes), and 19.45 square meters in lots (4 complexes land);
4.The claim amount 736,274,820 - the purpose of the agreement - Ghana Construction is to construct the above-mentioned land, to pay 736,274,820 won to the Plaintiff out of the construction cost under the standard contract for private construction works, and to claim the payment to the Plaintiff, and to make a provisional attachment on other land owned by the Plaintiff.