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(영문) 광주지방법원 2016.05.12 2015가단28413

공사대금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant lived in the Plaintiff’s house from December 201 to July 15, 2012, when the Plaintiff and the Defendant first met with each other in April 2004.

B. Meanwhile, from October 3, 201 to June 7, 2012, the Plaintiff paid a sum of KRW 30,150,000 to the Defendant as follows.

1) On January 3, 201: 1,00,000 won: < Amended by Presidential Decree No. 17097, Oct. 3, 201; Presidential Decree No. 17083, Oct. 3, 2011; Presidential Decree No. 17083, Feb. 1, 2000; Presidential Decree No. 17457, Feb. 1, 201; Presidential Decree No. 17470, Oct. 3, 2000; Presidential Decree No. 17458, Feb. 1, 201; Presidential Decree No. 17407, Oct. 3, 2000; Presidential Decree No. 17447, Mar. 1, 2000; Presidential Decree No. 17577, Mar. 1, 2000; Presidential Decree No. 17577, Mar. 3, 2005>

4. 2. : 300,000 won;

(10) 1,000,000 won; and

(1) 200,000 won; and

(12) 3,000,000 won

(13) 2,00,000 won; and

(14) 2,300,000 won and (14)

6.7. : 1,000,000 won; and

C. Meanwhile, from December 30, 201 to January 20, 2012, the Plaintiff carried out the interior works of the practical music institute located in the Gwangju metropolitan district, which the Defendant would open.

On July 15, 2012, the Defendant issued a loan certificate (A) stating the following content to the Plaintiff.

The Defendant borrowed KRW 100,000,000 from the Plaintiff.

It shall be repaid in February 2013.

On June 19, 2013, the Plaintiff issued to the Defendant a letter (Evidence B 1) stating the following:

The Plaintiff did not discuss the monetary relationship between 60,000,000 won and 100,000 won again due to the receipt from the Defendant, including all of the construction cost and the 100,000,000 won loan certificates.

In the future, the defendant will not leave the phone, text, Kax, etc., and will not appear in front of the defendant.

F. On August 19, 2013, the Defendant issued a letter (Evidence A 3) stating the following to the Plaintiff.

The defendant is fully organized in all human relations between the claim and the plaintiff.

By August 20, 2000, 60,000 won is re-written.