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(영문) 대구지방법원 2019.04.17 2018가합2138

대여금

Text

1. As to KRW 230,017,00 and KRW 200,00 among them, the Defendant shall pay to the Plaintiff KRW 30,000,00 from January 1, 2017, and KRW 30,017,00.

Reasons

1. The Plaintiff and the Defendant concluded a construction contract on the supply and construction of households, such as singcam, etc., in connection with the business of an officetel located within the scope of the Plaintiff and the Plaintiff. However, the Plaintiff did not receive from the Defendant the total sum of KRW 205,706,181 (= KRW 9,230,000, 188, 188, 632,181, 181).

Afterward, the Plaintiff agreed to pay KRW 200,000,000, which was reduced by KRW 5,706,181, out of the above construction price, to December 31, 2016 between the Defendant and the Defendant on September 1, 2016. If the Defendant did not pay by the above payment date, the Plaintiff converted the above KRW 200,000,000 to the loan and agreed to pay the damages for delay calculated at the rate of 15% per annum from January 1, 2017 to the date of full payment.

② The Plaintiff entered into a construction contract with the Defendant for the supply and construction of households, such as attached houses, in relation to the studio construction located in G at the time of the establishment of a new branch office or a multi-household located in F at the time of the establishment of a new branch office, and completed all of the construction works. However, the Defendant did not receive the remainder of the construction cost (=1,217,000 won) from the Defendant, which is the total of 30,017,000 won.

③ Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 230,017,00 (i.e., loan KRW 200,000,000) and damages for delay.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.