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(영문) 인천지방법원 2017.11.10 2017가합51692

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) concluded a contract with the Plaintiff on June 20, 2012, stipulating that the contract amount shall be KRW 5.632 billion (including value-added tax) and the expected completion date shall be determined on July 31, 2014, with respect to the construction of a private house and a factory on the ground B of the Incheon City, and that the payment for completed portion shall be made in cash on the 15th day of the following month.

B. On April 17, 2014, A concluded a general loan agreement (hereinafter “the instant loan agreement”) with the Defendant to provide the land for new construction works, such as the above factory, etc., as collateral, including the content of “I, at the request of the principal meeting certain requirements” and “I, at the request of the principal, borrow money” in the credit implementation method from April 30, 2014 to April 29, 2020.

C. On April 17, 2014, the Plaintiff filed a claim with A for the payment of KRW 2,314,400,000 for the first completed portion.

On April 30, 2014, according to the instant credit agreement, Defendant (Ycheon Financial Center) decided to offer a loan of KRW 700 million in relation to the first payment for the completed portion, and deposited KRW 652 million in the deposit account under A’s name, and deposited KRW 48 million in the new bank account under the Plaintiff’s name.

A requested the Defendant to implement a loan related to the first progress payment, and on January 29, 2014, A submitted a copy of the passbook of the Bank, stating the details that A paid KRW 1 billion to the Plaintiff.

E. There is no remittance details from the account relating to the passbook of our bank that A presented to the Defendant as above, on January 29, 2014.

F. In relation to the second progress payment claimed as of June 16, 2014, the Defendant deposited KRW 10 million in the Plaintiff’s account in the name of the Plaintiff in relation to KRW 1.49 billion after visiting the site, and KRW 1.2 billion in relation to the third progress payment claimed as of July 14, 2014, in the name of the Plaintiff.