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(영문) 인천지방법원부천지원 2019.08.13 2018가단123408

대여금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Around February 2016, the Defendant and the Defendant’s spouse entered into a construction contract (hereinafter “instant construction contract”) with E Co., Ltd. (hereinafter “E”), whereby the new construction of the F Housing located in Kimpo-si (hereinafter “instant housing”) is to be decided on the construction period from April 30, 2016 to August 30, 2016, and the construction price of KRW 600 million (value-added tax separate) to E and to be awarded a contract (hereinafter “instant construction contract”).

The contract for the instant construction contract (Evidence A 1) was written as follows with respect to the construction cost of the said contract.

(1) down payment: 10 million won - (2) The first intermediate payment: 50 million won at the time when the construction is permitted - (3) the second intermediate payment: 10 million won at the time when the construction of the first floor is completed - (4) the third intermediate payment: 50 million won at the time when the construction of the second floor is completed - (50 million won at the time when the construction of the second floor is completed - (5) the fourth intermediate payment: - the balance at the time when the construction of the fourth floor is completed - the amount of KRW 340 million at the time when the construction of the fourth floor is completed : The balance shall be replaced by the electric and monthly rent deposit for the KRW 340,000,000, and even during the framework work, it shall be referred to as the

B. A around April 2017, on behalf of the Defendant, a lessor, drafted a housing lease agreement (No. 2, hereinafter “instant lease agreement”). Around April 2017, the lessee column of the instant lease agreement stated “one person outside the G,” and the Plaintiff’s name, and the seal was affixed thereon.

In addition, the instant lease agreement stated that “10 million won of the lease deposit was paid in April 8, 2017,” and included the following special terms.

At the time of completion of the instant house, KRW 100 million of the lease deposit shall be paid to the lessee with the lease deposit of each household at the time of completion.

or even if the lessee has received direct payment of the above money, the lessor does not raise an objection.

C. Regarding the instant housing.