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(영문) 대구지방법원서부지원 2019.05.22 2018가단8129

정산금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Defendant is obligated to pay the Plaintiff the settlement amount of KRW 1,40,000 to the Plaintiff with respect to the Civil Works (hereinafter “instant construction”) in relation to the construction of 20 bicycle lanes, including D around April 2013, as there is no dispute between the parties. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 80,80,000,000,000, which remains after deducting the amount of KRW 19.6 million paid to the Plaintiff out of the above KRW 1.4 million.

Since the defendant asserts that the above 80 million won has already been settled, it can be seen as follows: (a) the defendant deposited the above 19.6 million won into the account in the name of E on April 30, 2013 and deposited the above 30 million won into the account in the name of E on April 30, 2013; (b) the plaintiff's representative director G and the defendant's representative director H borrowed money several times from H with long-term relationship; (c) there was an agreement to deduct part of the amount of personal loan from the settlement of accounts at the time of the above settlement; and (d) it is reasonable to deem that the defendant borrowed money from the above 8.8 billion won to the above settlement of accounts; and (e) it is reasonable to conclude that the defendant paid the remainder of the amount of money deposited by G on behalf of the defendant from 19.1 million won to 3.8 billion won to the above settlement of accounts; and (e) it is reasonable to view that there was no agreement between the plaintiff's representative director G and the above 1.8.1 million won to the above settlement of accounts.8 billion won.

Even if the amount remains after the settlement of accounts is made.