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(영문) 대구지방법원 2015.12.04 2015가합204339

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are owners of two multi-family houses located on each ground of Daegu Suwon-gu E and F (hereinafter “instant multi-family houses”).

B. Around August 2013, Defendant B, and C entered into a construction contract with the construction business operator G on a total of KRW 363,000,000 of the construction cost for the two interior and finishing works of the said multi-family house.

(2) The Defendants agreed to set up a collateral security right equivalent to the construction cost at the construction site simultaneously with the commencement of the construction work and the commencement of the construction work. The parties to the contract agreed to set up a collateral security right equivalent to the construction cost at the construction site. The parties to the contract agreed to make a collateral security right in the construction site at the time of the commencement of the construction work.

Accordingly, G commenced construction with a loan of KRW 350,00,000 to the Plaintiff. On September 16, 2013, G created a right to collateral security for the said construction site to the Plaintiff with a total of KRW 363,00,000 with respect to the said construction site.

C. (1) After completion of the construction project, the Defendants first deleted the right to collateral security in the Plaintiff’s name on January 9, 2014 to pay the construction cost to G. On the same day, the Defendants obtained a loan from the two Saemaul Bank as collateral and paid G the construction cost of KRW 90,00,000,000, in aggregate of the maximum debt amount for the newly-built house and the construction site. (2) The Plaintiff revoked the said right to collateral security in respect of the newly-built house and the construction site around March 2014.

1) The Defendants, on January 9, 2014, have the duty to pay the construction cost of the instant construction work (hereinafter referred to as “the instant construction cost”).