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(영문) 대구지방법원 안동지원 2018.11.14 2018가단21685

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

. As of February 28, 2014, the contract was concluded.

Around December 30, 2014, the non-party company (i) between the defendant and the non-party company (i) is to transfer the rights of all the Corporation to the defendant, the representative E, in respect of the instant work, on December 30, 2014. (ii) The amount of KRW 60,000,000 from the government subsidies and the balance of loans, to the non-party company (i.e., the contractor) shall be paid for the construction cost, and the remainder shall be refunded to the defendant, other than the value added tax. (iii) The defendant has all the rights to the project for remodeling of the farm at the time of the refund of the cost, and the defendant also has all the responsibilities. (iv) Even if any problem regarding the said project arises after the transfer of the authority, the defendant cannot transfer its responsibility to the non-party company (i.e., the contractor), and the non-party company (i., the non-party company) shall not transfer its liability to the defendant for the payment of the remainder after the completion of construction.

A) Around December 29, 2014, Nonparty Company received subsidies of KRW 220,00,000 for the instant construction work from a permanent resident. Around January 2, 2015, the Plaintiff paid to the Defendant KRW 80,000,000, which was withdrawn from the Nonparty Company’s account on or around January 2, 2015, and KRW 65,800,000, which was withdrawn from the Nonparty Company’s account (= KRW 80,000,000) around March 2, 2015.

On June 2015, the Defendant filed a criminal complaint against the Plaintiff, and “the Plaintiff, in collusion with G, by deceiving public officials in charge of permanent residence H, thereby deceiving KRW 259,722,00 in total of the subsidies for the instant construction.

‘A summary order of KRW 10,000,000 (Seoul District Court Branch 2016 High Court Branch 2016 High Court Branch 1656) was issued to the plaintiff as the facts charged, but the plaintiff requested formal trial.