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1. The Plaintiff:
A. As to KRW 3,897,873,395 and its KRW 2,399,95,850 among the Defendant A Co., Ltd., from November 17, 2014.
Reasons
1. Facts of recognition;
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a contractor for the construction and sale of the Etel and neighborhood living facilities (hereinafter “instant building”) on the ground of Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter “instant land”), and the ELD Construction Co., Ltd. (hereinafter “ELD Construction”) is a contractor for the construction of the instant building that was contracted by Defendant A.
B. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) on October 30, 2009, extended KRW 4 billion to Defendant A on April 30, 201 (Seoul Mutual Savings Bank extended the maturity period from April 30, 201 to October 30, 201), interest rate 11% per annum, interest rate 23% per annum (hereinafter “instant loan”), ELD Construction, Defendant B (hereinafter “Defendant B”), and joint and several liability for Defendant A’s loan to Seoul Mutual Savings Bank within the limit of KRW 5.2 billion, which is 13 billion per annum.
C. On October 30, 2009, Defendant A entered into a trust agreement, a business agreement, and an agency contract (hereinafter “instant business agreement”) with the land of this case as a trust real estate in the Clucco Asset Trust Co., Ltd. (hereinafter “Clucco Asset Trust”). The first first beneficiary of the trust principal as Seoul Mutual Savings Bank (the issue amount of beneficial rights certificate 5.2 billion won), the second beneficiary of the trust principal as ELD Construction, and the second beneficiary of the trust principal as ELD Construction. The Clucco Asset Trust entered into a trust agreement, the business agreement, and the agency business agreement with the content that the trust property and the sales revenue are the management of the trust property (hereinafter “instant business agreement”). On the same day, the registration of ownership transfer based on the instant land was completed in the Clucco Asset Trust as a trust.
On October 29, 2010, ELD Construction waives all the rights such as termination of construction contract, claim for damages, and waiver of construction right in the defendant A and the Cocco asset trust.