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(영문) 서울중앙지방법원 2016.11.07 2016나27251

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff, as to the cause of the claim, paid to the Defendant the sum of KRW 13,00,000,000 on August 28, 2014, and KRW 13,000,00 on August 29, 2014, including KRW 5,00,000,000, and KRW 13,000 on September 6, 2014 owned by the Plaintiff under the condition that he/she executes the construction works of the building in the wife-population C, but the Defendant did not complete the construction, but did not complete the construction works, and even if the Plaintiff requested the reconstruction several times on the wind of the defective construction, the Plaintiff did not comply with the said condition. Accordingly, the Plaintiff cancelled the construction contract, sought the return of the construction price already paid, or sought compensation in lieu of the defect repair of the contractor’s defect repair.

However, it is not sufficient to acknowledge the above assertion only by the descriptions of evidence Nos. 1 through 3, and there is no other evidence to acknowledge it.

2. If so, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed as it is without merit.