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(영문) 부산지방법원 2019.08.28 2018가합47963

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 274,00,000 and for this, KRW 5% per annum from August 11, 2017 to August 28, 2019.

Reasons

1. Facts of recognition;

A. On June 29, 2017, the Plaintiff entered into a construction contract with Defendant B (hereinafter “D”) and paid KRW 150 million,00,000,000 from June 30 to October 31, 2017 (hereinafter “instant contract”) for the removal of existing buildings and new construction of neighborhood living facilities on the third floor (hereinafter “new building of this case”) on the land owned by the Plaintiff, Busan Shipping Daegu E, and 2 lots owned by the Plaintiff, for the construction period of KRW 420,000,000,000 from June 30, 2017 (hereinafter “instant contract”).

B. 1) The Plaintiff entered into a loan agreement between the Plaintiff and the Defendant bank under the instant contract: (a) on July 14, 2017, in order to pay KRW 270 million of the remainder of the construction cost under the instant contract, the Plaintiff entered into a loan agreement between the Defendant bank and the Defendant bank; (b) on July 14, 2017, a company-general facility loan agreement of KRW 300 million (a loan under the said loan agreement is divided into D, the contractor,

hereinafter referred to as “instant loan agreement”

(2) On July 14, 2017, the Defendant Bank concluded a loan of KRW 129 million (i.e., KRW 300 million x 43%) on the date of the instant loan agreement (hereinafter “the first installment loan”) pursuant to the Plaintiff’s application for installment payment on the date of the instant loan agreement (43%) (hereinafter “the first installment loan”).

(B) On August 4, 2017, the Defendant Bank executed a loan of KRW 66 million (=300 million x 65% x 129 million) upon Defendant B’s application for installment payment of the amount approved by Defendant B’s second loan (prepaid 65%).

(C) On August 11, 2017, the Defendant Bank executed a loan of KRW 75 million (i.e., KRW 300 million x 90% - KRW 129 million - 66 million) upon Defendant B’s application for installment payment of the amount approved for Defendant B’s third loan (hereinafter “third installment loan”).

C. Defendant B’s criminal prosecution related to the instant contract and Defendant B’s indictment pursuant to the instant contract from the Plaintiff.