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Reasons
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(영문) 대전고등법원(청주) 2014.10.14 2013나1960
구상금 등
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1. Of the judgment of the court of first instance, KRW 138,567,973 against the defendant and its relation shall be annually from November 1, 2013 to October 14, 2014.

Reasons

1. Basic facts

A. 1) On December 12, 2007, the Plaintiff and C Co., Ltd. (hereinafter “C”) whose representative director is the Plaintiff.

B) As between the Plaintiff and C, “the Plaintiff entered into a contract with the 2.365 billion won (including value added tax) for the Daiju A Factory Construction Work (hereinafter “instant construction”). However, on the same day, the Plaintiff and C entered into a separate contract form with the Plaintiff as to the instant construction work (hereinafter referred to as “the contract form entered into between the Plaintiff and C, irrespective of the amount of the construction cost).”

2) On October 15, 2008, the Plaintiff and C drafted an additional contract for the alteration of the content that the construction cost will be increased from KRW 2.695 billion to KRW 2.884 billion (including value added tax) according to the design change.

B. On January 30, 2008, the Plaintiff entered into a credit transaction agreement with the Bank of Korea (hereinafter “the Plaintiff is to obtain a loan from the Bank of Korea in the form of a facility loan of KRW 2.18 million). At the time, the contract agreement entered into with the Bank or the relevant financial institution, stating that the construction cost of this case is KRW 2.695 million (including surtax) with respect to the construction of this case, was submitted to the Bank of Korea or the relevant financial institution (the above loan amount is calculated on the basis of the above construction cost amount).

2) According to the “written request for confirmation of the existence of a loan and payment of a loan” submitted by the Plaintiff and C, the Bank transferred the loan amounting to C by dividing 218 million Won into three accounts (the amount converted into the original currency). Examining the specific details of the transfer, ① January 30, 2008, KRW 191,186,000 (the total amount converted into the original currency) and ②

3. 431,429,194 won (Japanese 45,823,600N) and 3. The same year;

4. 750,241,332 won (Seoul 79,264,800 won) and 4. The same year

5.8. 369,654,970 Won

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