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(영문) 서울중앙지방법원 2021.03.18 2020가단5052265

청구이의

Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On June 8, 2016, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) borrowed KRW 120 million from the Defendant on June 8, 2016 (hereinafter “E”) to a multi-household housing for 32 households in Gangseo-gu Seoul, Gangseo-gu, Seoul (hereinafter “instant project”). Upon receiving a contract from the company for a project undertaken by the said company, Plaintiff A Co., Ltd. (hereinafter “E”), the company signed each of the following performance statements (hereinafter “each of the instant performance notes”) with the content as follows, the Plaintiff Co., Ltd.: (a) borrowed the said multi-unit housing as collateral and paid the borrowed money and the construction start money to the executor within one month; and (b) signed each of the instant agreements with the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) on June 8, 2016.

A borrow KRW 120,00,00 in relation to the business of rebuilding the 18 household units in Gangseo-gu Seoul Metropolitan Government for 32 households, and from Ear, it borrowed KRW 120,00,000 from E. In relation to the above contract, A borrowed emergency funds for the purpose of resolving the conditions of the project and the construction contract. In addition to KRW 120,000,000 after using the above funds for the purpose of paying interest on overdue interest of the said 18 households for the purpose of using the above funds for the purpose of paying interest on overdue interest, etc., and KRW 180,000,000 in return for the use of the said money, the said funds shall be repaid within one month from the date of borrowing, and as such, a bill shall be drawn up for the loan bank, and the said money shall be paid in cash by December 30, 2016.

B. On June 8, 2016, the Defendant deposited KRW 119,416,800 after deducting the cost of establishing the right to collateral security from the account under the Plaintiff’s name. Plaintiff B entered into a service agreement with E on the reconstruction project at the time of the said money and carried out the reconstruction project.

H Account.