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(영문) 수원지방법원성남지원 2019.08.23 2017가합408427

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff, a construction licensee, performed three above-ground housing construction works, E-ground housing construction works, F ground housing remodeling construction works, G ground buildings (hereinafter collectively referred to as “four construction works”), and H, in the form of subcontracted by the Defendant.

On September 3, 2013, the Plaintiff and the Defendant entered into a deed signed by a private person (No. 684, 2013, hereinafter “instant deed”) with respect to confirmation of monetary lending and borrowing and written agreements among them.

As of September 3, 2013, the Plaintiff stated that the Defendant has a debt equivalent to KRW 98,063,148 as shown in the attached Form. Paragraph 2, the Plaintiff stated that the said amount should be repaid to the Defendant by November 30, 2013, which is the date of completion of the IB work, so that the Defendant can pay the said amount directly to the company indicated in the attached Form or pay it to the Defendant.

In addition, the attached list contains detailed details of the obligations equivalent to the above KRW 98,063,148, which is due to the price that the plaintiff did not pay to the subcontractor for the four works.

On November 29, 2013, each creditor, debtor, plaintiff, loan money of KRW 30,00,000, interest rate of KRW 12%, interest rate of KRW 12% per annum, and three notary publics of a monetary loan agreement of recognition of compulsory execution on December 31, 2013 are "three copies of the first notarial deed of this case". < Amended by Presidential Decree No. 24198, Dec. 19, 2013; Presidential Decree No. 20135, Nov. 19, 2013; Presidential Decree No. 2000, Feb. 20, 2013; Presidential Decree No. 2

was drawn up.

In the instant case, three documents related to the cause of the 1st notarial deed, which received the fixed date on the same day, the Defendant stated that each of the three lots of land of the said 1st 3rd notarial deed is 12% interest rate per annum and December 31, 2013, respectively, to the Plaintiff as the price for construction of new housing on each parcel of land.