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(영문) 수원지방법원성남지원 2015.09.22 2014가단31508

대여금

Text

1. The defendant shall pay 38,00,000 won to the plaintiff and 20% per annum from September 12, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 5, 2013, the Plaintiff remitted each of the KRW 30 million to the Defendant’s name account, and KRW 8 million on August 28, 2013.

B. On July 5, 2013, the Defendant and C: (a) indicated each of them to the Plaintiff as “the borrower; (b) the name of the Corporation: D: at Jeju; (c) the Construction Project; and (d) the Construction Project; and (c) the Construction Contract Date: Jun. 20, 2013 (see the contract). In constructing the building, the contractor B (C) borrowed the above amount to A; (c) made a loan certificate stating that “A shall preferentially use the above amount at a higher location (the commencement of construction and the receipt cost; the supervision); and (d) the Defendant and C shall pay the Plaintiff a full payment by November 5, 2013 (hereinafter referred to as “the loan certificate in this case”); and (e) drawn up and provided the loan certificate regarding “eight million won” in the same form as the above loan certificate to the Plaintiff.

C. 1) On August 2013, 2013, the Defendant: (a) D New Construction Co., Ltd. (hereinafter “instant Construction”) in Jeju-si; (b)

The terms and conditions of Article 39 of the Standard Contract for Private Construction Works that A entered into while awarding a contract shall include design, supervision, and other expenses, such as the receipt cost, shall be borrowed from the contractor.

In addition, borrowing KRW 0,000 and ordering person by December 5, 2013

B. Article 39 of the standard contract for private construction works entered into by the Defendant on August 2013, 2013 (hereinafter “the construction contract of this case”) with the Plaintiff’s seal as a observer in the said contract (hereinafter “the construction contract of this case”). Article 39 of the standard contract for private construction works entered into by the Defendant on October 2013 (hereinafter “the construction contract of this case”). “A shall preferentially borrow KRW 3,000,000 to the contractor (the amount of the design cost and the supervision) and shall additionally borrow KRW 3,000,000 from the contractor, and the contractor shall use the contract for the commencement of the construction work, and the contractor shall pay the Plaintiff by the agent of the subcontractor B until December 5, 2013 (the contract of this case on June 20 and August 20, 2013).