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(영문) 광주지방법원 2014.10.10 2013가합8290

대여금

Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 20% per annum from September 5, 2013 to the day of complete payment.

Reasons

1. The following facts do not conflict between the Parties:

With respect to the construction of two accommodation facilities in Jeonnam-gun-gun-gun-gun and D (hereinafter referred to as the “instant construction”), two contracts were drawn up between the defendant (contractor) and the branch integrated construction company as follows:

1) Two construction periods from March 13, 2012 (one per unit): from March 13, 2012 to September 10, 2012; the construction cost per unit (including value-added tax; hereinafter the same shall apply) KRW 1,017,50,000.

) is the primary contract (hereinafter referred to as "the primary contract");

(2) Two construction periods (one per unit): from March 13, 2012 to January 7, 2013; and 1,204,50,000 won per unit of construction (hereinafter referred to as the second contract).

B. From March 13, 2012 to January 22, 2013, the Defendant deposited KRW 2,409,000,000 in the account of the branch construction company as follows.

The amount paid on March 13, 2012 amount paid on the date shall be KRW 100,00,000 on September 17, 2012; KRW 100,000,000 on May 8, 2012; KRW 100,000,000 on October 11, 2012; KRW 20,000 on May 29, 2012; KRW 100,000 on May 29, 2012; KRW 00,000,000 on KRW 10,00 on August 14, 200; KRW 10,00 on KRW 10,00 on July 10, 200; KRW 10,00 on KRW 10,00 on 10,00 on 10,00 on 10,00 on 1037,203;

C. Meanwhile, on August 14, 2012, the Plaintiff amounting to KRW 100,000,000 on the passbook in the name of the Defendant, and the same year.

9. 13. 100,000,000 won and the total of 300,000,000 won on November 11, 198 of the same year were remitted.

The instant construction was completed on January 24, 2013.

E. On June 26, 2013, the Defendant paid KRW 50,000 to the Plaintiff.

2. The parties' assertion

A. Plaintiff 1) The first written contract was prepared in the state where the total number of guest rooms was 20, and the number of guest rooms was changed to 22 around April 2012, which led to the increase in construction cost, and the second written contract was prepared in which construction cost was increased. (ii) The Defendant, who was short of funds, requested the Plaintiff’s husband E to lend the funds, and the Plaintiff added the amount to the Defendant, as the Plaintiff’s husband’s claim, as set forth in paragraph (c).