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(영문) 수원지방법원 2019.01.29 2017가합10414

대여금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 152,258,000 to the Defendant (Counterclaim Plaintiff) and its related amount from December 13, 2016 to January 29, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established for the purpose of the construction business, etc., and the Defendant is a company established for the purpose of plastic metal-type business.

B. On April 21, 2015, the Plaintiff received a contract from the Defendant for the construction of a new factory (hereinafter “instant factory”) on the land outside C and five parcels of land (hereinafter “instant construction”) from the Defendant for the construction cost of KRW 1,800,000,000 (excluding value-added tax).

(hereinafter “instant contract”: Provided, That the Plaintiff and the Defendant stated the construction cost in the contract form as KRW 2,250,000 (excluding value-added tax) for the convenience of the Defendant’s lending of construction cost.

The main contents of the above contract are as follows:

(3) On or after the conclusion of the instant contract, the Plaintiff alleged that the Plaintiff and the Defendant re-contract was concluded on November 30, 2015, but the completion date of the instant project was 0.3,20 and 26, with the overall purport of the pleadings stated above, it is insufficient to recognize the facts alleged above by the Plaintiff on September 30, 2015: 0.6: 2,475,000, 00.6.05, 20.6,000, 205,000, 20.6,005,000,000,000,005,00: -6.6,005,000,000,000,000,000,000,005,000,000,000 won, -6,005,000,000 won, -6,005,000.

C. From May 9, 2015 to April 27, 2016, the Defendant is the name of the construction cost of the instant construction project to the Plaintiff.