beta
(영문) 창원지방법원 2015.01.20 2014가단18905

대여금

Text

1. The plaintiff is jointly and severally owned by the defendant C and D with 24,000,000 won, and defendant C and D with 13.

Reasons

1. Determination as to the cause of claim

A. A. Around December 2013, 2013, Samcheon Construction Co., Ltd. Co., Ltd.: (a) contracted the construction period of the construction of the main complex building on the land outside E and two parcels, namely, from December 12, 2013 to May 31, 2014. (b) On January 15, 2014, the Plaintiff transferred KRW 37,000,000 to Samcheon Construction Co., Ltd., Ltd. by account transfer.

3) After that, on January 23, 2014, Defendant C and D promised to pay KRW 24,00,000, out of the amount deposited to the Plaintiff by March 20, 2014. On the same day, Defendant C and D agreed to jointly and severally return KRW 13,00,000,000, and signed and sealed on the last page (Evidence A) of the said commitment to pay the amount deposited to the Plaintiff by March 20, 2014. On the same day, Defendant C and D agreed to jointly and severally return KRW 13,00,000,00,000, and signed and sealed on the last page of the said commitment. [No evidence Nos. 1, 2, 1, 2, 3, 4-1, 4-2, 4-1, 2-1, 2-1, 2-1, and 2-1, and 3-1 of the entire pleadings of the Defendant C.

B. According to the above findings of determination, the Plaintiff is obligated to pay to the Plaintiff the amount of money remitted to the Defendant Samnam Construction Co., Ltd., regardless of whether it was a loan, or the construction cost, as the performance of the agreement made on January 23, 2014; the Plaintiff is jointly and severally liable for construction 24,00,000 won; Defendant C and D jointly and severally liable for 13,000,000 won and each of them from March 21, 2014, as the Plaintiff seeks from March 21, 2014, the date following the said payment period, and 5% per annum as stipulated in the Civil Act, until January 20, 2015, and from the following day to the date of full payment, 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. As to the assertion and determination of the United Nations, B, and D of the Defendant Samsung Construction Co., Ltd.

A. As to this, the above Defendants need to first settle the accounts of investors, and make a letter of commitment.