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(영문) 수원지방법원안산지원 2017.12.07 2017가합77

공사대금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Defendants asserted that the Defendants purchased old buildings or expanded or reconstructed buildings with the owner’s consent and sell them in lots (hereinafter “instant project”).

The Plaintiff is a joint business proprietor. From March 6, 2013 to October 20, 2016, the respective buildings listed in the attached Table (hereinafter referred to as “each building of this case”) from the Defendants.

(i) the total construction cost of 1,823,500,000 won for expansion and reconstruction works (the calculation criteria for the construction cost shall be KRW 18,00,000,000 for the total construction cost, KRW 12:13,000,000 for the total construction cost, KRW 8-9,000 for the total construction cost, KRW 11,00,000 for the total construction cost, and

(1) From March 6, 2013 to October 20, 2016, the Defendants paid a total of KRW 1,098,400,000 to the Plaintiff. Meanwhile, from November 22, 2013 to early 2016, the Plaintiff loaned KRW 118,000 to the Defendants total of KRW 118,00,000. In addition, the Defendants provided business funds with loans from financial institutions as collateral, and the Plaintiff paid KRW 651,979,00 with interest on the above loans from financial institutions from March 6, 2013 to 2016 on behalf of the Defendants. Accordingly, the Defendants jointly and severally leased construction costs (i.e., total construction cost of KRW 1,487,879,00, KRW 1,800, KRW 5000, KRW 1000, KRW 9000, KRW 1008, KRW 1008,000, KRW 2000.

In other words, the Plaintiff collected 19 persons with good credit, and then purchased each of the instant buildings in their names, and sent the loans to Defendant C’s account under the name of the above persons with good credit.

The Defendants shall, upon the request of the Plaintiff, from the above account.