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(영문) 서울서부지방법원 2020.05.08 2019나40618

공사대금

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. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following judgments as to the matters alleged as the grounds for appeal in the trial of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional matters to be determined;

A. The Defendant alleged that the loan was KRW 15 million from June 9, 2015 among the Plaintiff’s claim claim, and KRW 35 million from June 10, 2015, and KRW 51 million from September 7, 2015, as well as the amount that the Plaintiff loaned to the Defendant, rather than the amount that the Plaintiff jointly received, the Plaintiff and the Defendant was invested in the FF Housing Construction Corporation (hereinafter “FF housing construction”), and the Defendant unilaterally failed to pay the construction cost from the owner of the building at the said construction site, and thus, the Defendant asserts that the Plaintiff and the Defendant is not liable for reimbursement, as alleged by the Defendant, according to the Plaintiff’s statement in subparagraph 1 of the evidence of subparagraph 1, the Plaintiff and the Defendant asserted that the construction contract amount of the FF housing Construction Corporation from GU-si Co., Ltd. on May 19, 2015 to the construction period of KRW 19,1500,000 from September 25, 2015.

As to this, the Plaintiff asserts that the said subcontract was prepared by the Plaintiff as it was difficult for him to ppurily use the money that the Defendant received from H to the Plaintiff as the price for the new construction work of D, and that he did not fully recognize the said construction work.

Therefore, it is reasonable to view that the above 51 million won was the amount lent to the defendant by the plaintiff, taking into account the following facts and circumstances acknowledged by comprehensively taking account of the entire purport of the pleadings in each of the statements Nos. 2, 2, 3-1, and 4.

In other words, the plaintiff (1) is the defendant's passbook upon request from the deceased I and his/her father.