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1. The Defendant’s KRW 53,500,000 as well as its annual 6% from November 30, 2012 to July 9, 2014 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) On December 2, 2009, the Plaintiff (hereinafter “Nonindicted Company”) was a corporation for the integrated construction of LAD on December 2, 2009.
(B) The Construction Corporation for the Single Residential Facilities (hereinafter referred to as the “One Construction Corporation”)
(A) On June 30, 201, the Plaintiff concluded an agreement on the contract on June 30, 201, and entered into a contract on construction works with the Defendant on the part of the primary construction works. (2) around May 2012, the following agreement was reached between the original Defendant, C, D, and E. A) among the sole residential facilities completed by the Defendant, the Plaintiff is the buyer C, D, and E (hereinafter “instant buyer”).
(B) The Defendant, in order to secure the claim for the construction price of KRW 755,00,00 (including the settlement money of the pre-sale enterprise) against the Plaintiff, directly receives 808,50,000,000 (=269,50,000 x 3) from the buyer of the instant case, directly receives the difference of KRW 53,50,000 from the buyer of the instant case, and prepares a monetary loan contract for the loan between the Defendant and the buyer for the loan of KRW 53,50,000, and the Plaintiff consents to the transfer of ownership of the said three buildings to the buyer of the instant case.
3) According to the above agreement, the Defendant: (a) on May 29, 2012, the amount of KRW 53,500,000 in the Plaintiff’s future; (b) interest shall be interest-free; and (c) from six months after the date of entering into a contract with the due date, a monetary lending contract under which the statutory interest rate shall apply to the legal interest. The Plaintiff completed the registration of ownership transfer for the Plaintiff’s sole residential facilities of KRW 102 on the same date for KRW 3,103 as well as KRW 104 as to KRW 3,10 on the same date. (iii) On the same date, the Plaintiff completed the registration of ownership transfer for the reasons of sale on the same date to KRW 53,50,00 in the Plaintiff’s future, and KRW 3,00 in the entire pleadings
B. As to the portion of KRW 53,500,00 in excess of the amount of the construction payment out of the sales amount directly received from the buyer of this case, a quasi-loan agreement was concluded between the original defendant.
The defendant has a special nature.