beta
(영문) 수원지방법원안양지원 2014.11.05 2014가단11930

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 22,00,000 and the interest pertaining thereto from April 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. While implementing the new construction of C, the Plaintiff subcontracted the construction of machinery and equipment to Defendant A Co., Ltd. (hereinafter referred to as “A”), and A re-subcontracted part of them to the Dongyang Mutual Aid and Equipment Co., Ltd. (hereinafter referred to as “Dongyang Mutual Aid”).

B. On November 6, 2013, A agreed to pay the price of KRW 22,00,000 for the supply price of polybane cream duct that is supplied by the same Yangyangyang Group on November 6, 2013 on November 30, 2013 under the condition that construction is completed by November 18, 2013, and the Plaintiff guaranteed payment.

C. As of November 30, 2013 when the Plaintiff entered into a payment guarantee agreement, the Plaintiff entered into a money loan agreement with A to lend KRW 22,00,000 to A on January 31, 2014, and at 20% per annum for delay damages, and Defendant B jointly and severally guaranteed this.

As A did not pay KRW 22,00,000 for the price of goods agreed upon in the same mutual aid and mutual aid, the Plaintiff paid KRW 22,00,000 to the same mutual aid and mutual aid and mutual aid on March 13, 2014, and the Plaintiff sent a certificate of demand for payment to A, and A received it on March 31, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, Defendant A and B are obligated to pay to the Plaintiff KRW 22,00,000,000 as borrowed money and KRW 20% per annum from April 1, 2014 to the day of complete payment, after the Plaintiff’s declaration of intent to seek reimbursement, after the Plaintiff reached the said Defendants.

As to this, the Defendants asserted that, after the completion of Defendant A’s construction work, they would settle the Plaintiff and the construction cost, only prepared a monetary loan contract, and did not settle the construction cost with the Plaintiff. Therefore, they cannot repay KRW 22,00,000 that the Plaintiff paid to Dongyang Mutual Assistance. However, the Defendants’ assertion is based on the claim for the settlement of construction cost against the Plaintiff by Defendant A.