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(영문) 서울서부지방법원 2020.06.19 2019나1262

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 16, 2015, the Defendant entered into a contract for electrical construction of the second floor E (hereinafter “instant electrical construction”) with C Co., Ltd. (hereinafter “C”) and Yeongdeungpo-gu Seoul Metropolitan Government D Co., Ltd. for the construction of the second floor E (hereinafter “instant electrical construction”), with the construction cost of KRW 30 million (including value-added tax) and the construction period from March 16, 2015 to the 30th of the same month. At the request of C, the Defendant again entered into a contract with the Plaintiff for the electrical construction of the instant case with the amount of KRW 35 million increased by KRW 5 million (including value-added tax) with the construction cost of the instant electrical construction of the instant case. On September 25, 2015, the Defendant: (a) prepared and deliver a notarial deed and promissory note with the following contents to the Plaintiff on September 25, 2015; (b) issued a registration certificate to the Plaintiff’s right to sell the instant electrical construction price of KRW 16 million:

"Written notes", (2) the face value of 19 million won, the payee, the plaintiff, the due date on November 15, 2015, the date of issuance September 25, 2015, and the defendant's promissory notes issued by the defendant on September 25, 2015 (Fhap Law Office No. 1154, 2015).

On November 3, 2015, the Defendant paid the Plaintiff KRW 10 million out of the above KRW 19 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1 through 3, 7, 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. With respect to the claim that the plaintiff sought the payment of the remaining construction price of KRW 9 million for the electrical construction of this case, the defendant shall pay the construction price at a time when the plaintiff shall adjust and consolidate Bosch Rexroths attached to the existing subdivisions in accordance with the business purpose of the place of business, and shall be five million won rather than the contract with C.