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(영문) 서울중앙지방법원 2017.12.01 2016가단108197

대여금

Text

1. Each of the plaintiff's claims is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion and judgment

A. Summary of the argument 1) Plaintiff D (hereinafter “D”)

From March 21, 2007, the construction works for the new construction of another canal wells constructed on the E and six parcels (hereinafter “instant construction works”).

Of the construction cost, a contract under which civil engineering works will be awarded to KRW 330,000 (including value-added tax) (hereinafter “instant construction contract”).

After the conclusion of the contract, the Defendants received KRW 90,00,000 as the down payment. However, through F, the Plaintiff’s on-site director, the Defendants requested for a loan of money on condition that the Defendants would be allowed to receive additional civil engineering works, and accepted it, and leased KRW 38,00,000 to Defendant C, designated by Defendant B, the sum of KRW 20,000,000, and KRW 58,000,000 to Defendant C. If the additional supply contract was not made as agreed by the Defendants, the Defendants did not introduce the additional supply contract to the Plaintiff within 15 days. However, the Defendants did not introduce the additional supply contract to the Defendants. Accordingly, as agreed by the Defendants, Defendants B and C did not have the obligation to pay the Plaintiff the above amount as KRW 58,00,000,000, and Defendant C did not have the obligation to pay damages for delay from each of the above contracts to the Defendants.

In addition, the Plaintiff entered into the instant construction contract with D under the name of the Plaintiff introduced, and since there was a civil petition at the instant construction site, 90,000,000 won as an advance payment to solve this problem, the Plaintiff received 38,000,000 won as the passbook of Defendant B, and the Defendant C’s passbook designated by Defendant B, out of the amount, received 20,000,000 won as the passbook of Defendant C, and received 58,00,000,000 won.