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(영문) 서울남부지방법원 2016.07.22 2015가합3458

대여금 등

Text

1. The Defendant’s KRW 273,005,00 for the Plaintiff and KRW 5% per annum from June 9, 2015 to July 22, 2016.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 12 (including the branch numbers in the case of supplemental number), the testimony of the witness C, the result of the appraisal entrustment to appraiser D of this court, and the whole purport of the arguments as requested for the supplementation and supplementation.

Around July 2007, the Plaintiff (the Plaintiff’s trade name was changed to “Stock Company E” on October 29, 2010) concluded from the Defendant that the Defendant will pay KRW 150 million,00,000,000,000 from July 2007 to October 20, 2007, for the construction cost of each of the production and installation works of the Ethical in Mapo-gu Seoul and Gangnam-gu Seoul G Apartment reconstruction Corporation, and for the construction period from July 20, 2007 to October 20, and the Defendant will pay the Plaintiff the payment of KRW 150,000,000,00 which was not paid to the Plaintiff on April 21, 2009.

B. In addition, the Plaintiff was awarded a contract from the Defendant for the construction of Cheongju-si, Cheongju-si and one parcel of land, and for the construction of Jincheon-gun, Jincheon-gun, and two lots of land, and completed the construction of 1,00,000 won and the construction cost thereafter.

The claim of KRW 210,000,000,000,000,000 for the remainder of the construction work as stated in the paragraph, was not paid to the non-party J on April 9, 2010, and the claim of KRW 210,000,000,000 (= KRW 15,000,000,000) by the Incheon District Court Branch Decision 2010Kahap298,000,000,000 as the preserved right, was provisionally attached to the defendant's claim for the construction cost related to the non-party J-J, Jincheon-gun

C. On June 14, 2010, the Plaintiff and the Defendant determined the Defendant’s debt amount of the construction cost not paid until the time of the Defendant’s payment to the Plaintiff as KRW 170 million. The Defendant transferred the Plaintiff’s ownership to the Plaintiff with payment to the Plaintiff in lieu of payment to the Plaintiff for KRW 60 million out of the above debt, with payment to the Plaintiff for the amount of KRW 33 million, and the remainder of the debt amount of KRW 110 million is repaid until May 20, 201. The Plaintiff, instead, submitted the foregoing B.

subsection (b).