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(영문) 대구지방법원 2017.12.13 2016나14070

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff was merged on September 26, 2013 with the land of 180 square meters in Sung-gun, Sung-gun, Sung-gun, Daejeon, and D 180 square meters on September 26, 2013. To purchase the land, the Plaintiff borrowed KRW 13,00,000 from E Co., Ltd. (hereinafter “E”) on May 31, 2013; KRW 87,00,000,000 on June 14, 2013; and completed the registration of ownership transfer under the name of the Plaintiff on June 26, 2013 after purchasing each of the above land.

The construction cost (including value-added tax) for the construction work in the construction site (including the construction period) on the date of concluding the contract on May 28, 2013, KRW 2,106,225,000, Fyeong-gun, Sung-gun, Sung-gun, Sung-gun, Seoul, Seoul, around June 1, 2013 to KRW 1,648,075,000 on September 5, 2014 from around March 2014 to around KRW 1,648,00 square meters, and KRW 180,000 on September 12, 2013 to June 30, 2014 to KRW 3,754,300,000.

B. B. F and the Plaintiff entered into the following contract with E Co., Ltd. (hereinafter “E”) as to ① land indicated in F-owned number 1 below, and ② construction of an aggregate building on each land indicated in the following table 2 purchased by the Plaintiff as above (hereinafter “instant construction”).

C. Following the commencement of the instant construction in accordance with the foregoing contract, E had suspended the construction on January 28, 2014, and the Plaintiff and F’s agents on April 28, 2014: (a) concluded two debt repayment agreements on KRW 110,000,000 in total with E representative director I on the same day; and (b) drafted two copies of the following authentic deeds to I.

A creditor of the authentic deed mentioned in Paragraph (1) of this Article (hereinafter “notarial deed”): A debtor: 5,00,000 won for a loan and construction payment due date: 27,500,000 won shall be repaid until June 10, 2014; and 27,50,000 won shall be repaid until July 20, 2014.

Interest: (Public Notice) Damages for delay: If the debtor delays the repayment of the principal or interest above, damages for delay shall be paid to the creditor at the rate of 20% per annum on the delayed principal or interest.

A notary public shall be a law firm, the General Law Office.