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(영문) 서울동부지방법원 2016.10.28 2015가합101236

대여금

Text

1. Defendant B’s KRW 61,946,798 as well as 5% per annum from August 1, 2014 to October 28, 2016 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff, along with ten persons, including C, etc. (from the following to the Plaintiff, etc., collectively referred to as the “Plaintiff, etc.”), divided ownership of collective housing on the ground of Songpa-gu Seoul Metropolitan Government D (hereinafter referred to as the “instant site”) (hereinafter referred to as the “former building”).

Plaintiff

On April 15, 2013, E Co., Ltd. (hereinafter referred to as “E”) entrusted by the Plaintiff, etc. with the implementation of the reconstruction project on the old building (hereinafter referred to as “E”) entered into a contract with F Co., Ltd. (hereinafter referred to as “F”) under which Defendant B is the representative director, to conclude a contract for reconstruction works on the old building (hereinafter referred to as “instant contract”) with the amount of KRW 1.348 billion for the construction cost, and 180 days from the date of commencement of the construction period.

On July 15, 2014 according to the instant contract, two Dongs (hereinafter referred to as "new building") were completed on July 15, 2014, and registration of preservation of ownership was completed on the 31st of the same month.

Plaintiff

In lieu of the payment of the construction cost under the instant contract (hereinafter “the construction cost of this case”), Articles 201 and 302 operating among new buildings on July 31, 2014 were transferred to G, who are employees of Defendant B, and the buildings listed in the separate sheet Nos. 201 and 202, and the separate sheet Nos. 201 and 202 (hereinafter “each building of this case”) to Defendant B.

On August 29, 2014, Defendant B entered into a trust agreement (hereinafter “instant trust agreement”) with Defendant New Real Estate Trust Co., Ltd. (hereinafter “Defendant New Trust”) with respect to each of the instant buildings, and on the same day, Defendant New Trust entered into the ownership transfer registration (hereinafter “instant ownership transfer registration”) as described in Section 2(b) of the order.

[Ground of recognition] Facts without dispute, Gap 1, 3, and 4 statements (if there are serial numbers, including them; hereinafter the same shall apply), and claims against the defendant B with the purport of the whole pleadings.