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(영문) 인천지방법원 2020.01.08 2018나71529

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant decided to newly construct a 4-story building (hereinafter “instant building”) on the ground of 307 square meters in Kimpo-si, Kimpo-si, Kimpo-si, which was owned by the Defendant, and entered into a contract for the construction of the instant building with D Co., Ltd. on November 2015.

B. On February 21, 2016, the Defendant agreed with D Co., Ltd., and concluded a contract for the construction of the instant building with F Co., Ltd., and rescinded the said contract on June 2016.

C. Around June 2016, the Defendant concluded a new contract for construction of the instant building with G Co., Ltd. newly established by the representative H of the F Co., Ltd. (hereinafter “G”), and again, concluded a new contract for construction of the instant building. As G’s circumstances make it impossible to continue construction, G submitted a letter of waiver of construction to the Defendant on September 10, 2016, and the Defendant consented thereto and notified the termination of construction to G on September 27, 2016.

After that, around October 1, 2016, H and the Defendant entrusted H with the remainder of the building of this case, and the Defendant, at the end of settling the construction cost after the difference, provided that H raised some funds and performed the construction work.

E. On December 15, 2016, the Defendant and H appear to have deducted the amount of KRW 185,00,000 paid up to September 29, 2016 from the contract amount of the said contract concluded on September 29, 2016 between G and the Defendant, or between R and the Defendant, which was the contract amount of the said contract concluded on September 29, 2016.

The loan certificate was drawn up in the sense of guaranteeing the payment of construction cost.

However, since H is unable to pay the price under its own name, the Defendant prepared a loan certificate (Evidence A 7, 200,000,000 won for the Plaintiff as the creditor, the loan certificate (Evidence A, hereinafter “the loan certificate of this case”), the Plaintiff’s son as the creditor, and the Plaintiff’s son as the creditor, and the amount of the loan amount of KRW 290,000,000 (except for the amount of KRW 100,000,000 that the Defendant shall pay as the construction price immediately) to H.