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(영문) 서울서부지방법원 2015.11.13 2014가단247697

대여금

Text

1. The Defendants jointly do so from April 18, 2014 to Plaintiff Embren Co., Ltd. 30,939,119 won and its amount.

Reasons

1. Determination on the claim for indemnity for damages

A. Facts 1) E was awarded a contract for the construction of a new house in Mapo-gu Seoul Metropolitan Government with the owner D and E on September 19, 2007. Defendant C was awarded a contract for the construction of a new house in the name of the Plaintiff E-Babren Co., Ltd. on October 9, 2007 from E-Babren Construction Co., Ltd. (hereinafter “instant construction”). D and E were unable to carry out the construction of a new house in the instant construction due to E-Maban Construction in the first time in 2008, and E was again awarded a contract for the said construction to Cheongju General Construction Co., Ltd.

As of February 27, 2008, Defendant B, the wife of Defendant C, and the Plaintiff Embren entered into a contract for assignment of claims and obligations that the Plaintiff Embren transferred to Defendant B all of the claims and obligations arising from the dishonor of the Embrate Construction.

In addition, Defendant B, the wife of Defendant C, was awarded a subcontract for the instant construction project and ancillary civil engineering works from the Cheongju General Construction on February 19, 2008.

3) Meanwhile, he/she filed a lawsuit (Seoul Southern District Court Decision 2009Gadan80341) against the Plaintiff Ebrate on the basis of a promissory note drawn up on May 2, 2008 (the Promissory note in this case) with the issuance of Ebbrate Construction, the amount of which is 22,929,50 won, the amount of which is endorsed in order of the Plaintiff Ebrate, Defendant C, and Lbrate Industry Development Co., Ltd., and the due date (hereinafter “the Promissory note in this case”). While the lawsuit in this case is in progress, the Plaintiff Ebrate promised to pay 22,929,500 won to Ebrate, and to pay interest at 25% per annum if it is no longer than July 15, 2010, the court made a settlement order of 205.20% per annum 254% per annum 205.25% per annum 205.25% per annum.