logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.08.13 2013가합20546
차용금
Text

1. The defendant shall pay 135,00,000 won to the plaintiff and 20% per annum from May 22, 2014 to the day of complete payment.

Reasons

Basic Facts

The Defendant is a person who operates a restaurant (hereinafter referred to as “instant restaurant”) under the trade name of “Dcafeteria” in the Nam-gu Incheon Metropolitan City Ctel 101.

On November 23, 2011, Nonparty E purchased No. 101 of the above Ctel 1, and operated the instant restaurant as the same business as the Defendant from February 23, 2012 to February 23, 2012, and withdrawn from the partnership with the Defendant on March 31, 2012 due to the aggravation of the financial situation, obligations against the Defendant, etc.

E came to know of the Plaintiff on October 201 and began monetary transactions.

E, upon the Plaintiff’s introduction, purchased the instant restaurant and the said Ctel 901, 903, 904, 1001, where the Plaintiff and F were exercising the right of retention.

E paid to the Plaintiff KRW 150 million in return for the waiver of the right of retention against the instant restaurant, and KRW 25 million in return for the waiver of the right of retention against the said 901, 903, 904, and 1001. Of them, the Plaintiff paid KRW 100 million to the Plaintiff, and the Plaintiff still remains liable for KRW 75 million.

E, around May 23, 2012, borrowed KRW 50 million from G and KRW 30 million from H as the Plaintiff’s intermediary.

(A) On July 2012, 2012, E transferred the amount equivalent to KRW 285,880,000,000, to the Plaintiff, to collect the construction cost of the construction works for which the police officer was awarded a contract with I (hereinafter “I”) for the first time.

On July 5, 2012, the Plaintiff: (a) drafted a letter of performance to the Plaintiff on July 5, 2012, stating that “All parts of the electrical construction that had been completed with respect to the above construction works shall be faithfully completed without any defect until July 15, 2012; (b) shall be fully responsible for taxes and labor cost and material cost incurred by the J (E deemed an enterprise operated); and (c) shall be held liable for all civil and criminal responsibilities if the Plaintiff fails to comply with the foregoing; and (d) from the I on July 11, 2012, the construction cost of E is 208.8.

arrow