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(영문) 서울북부지방법원 2019.02.15 2017가단3199

차용금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around March 2014, the Plaintiff entered into a contract with the Defendant regarding the remodeling of multi-family houses on the Seoul Jongno-gu Seoul and D land owned by the Plaintiff and indoor interior decoration works.

B. From March 2014, the Defendant started the construction project, and the additional construction contract was concluded in several times to add the scope of the construction project during the construction project.

C. On January 22, 2015, the Plaintiff terminated the construction contract on the ground that the Defendant failed to perform construction works after August 2014, the Plaintiff issued a certificate of the content that the Defendant would withdraw from the construction site until January 27, 2015.

Around January 27, 2015, the Defendant completed the steel at the construction site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 17, Eul evidence No. 8 (including provisional number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The construction cost of the instant contract was KRW 170,000,000 for the first time, but the total construction cost was KRW 500,000 when concluding an additional construction contract.

B. The Plaintiff paid the Defendant KRW 280,100,000 as the construction price.

In addition, the Plaintiff paid the construction price of KRW 438,281,00 in total to the Defendant under the following terms:

① around September 2014, the Plaintiff loaned real estate owned by the Plaintiff to the Defendant as collateral, KRW 40,000,000, which the Defendant did not pay to the Defendant, ② the Plaintiff collected the Defendant’s credit amount for the settlement of accounts related to the Plaintiff’s business relations related to E, and ③ the Defendant received KRW 10,000,000 from the Defendant by allowing the Plaintiff to use the Plaintiff’s credit card, ④ KRW 55,181,00,00 for the Plaintiff’s credit card amount used by the Defendant by allowing the Defendant to use the Plaintiff’s credit card ④ KRW 53,00,000 from the Defendant on behalf of the Defendant to F subcontracted the construction of the instant construction.

C. Although the technical height of the instant construction is less than 30%, the Plaintiff was against the Defendant in total 438.