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1. The Defendant’s KRW 46,00,000 as well as 5% per annum from June 16, 2014 to July 2, 2015 to the Plaintiff.
Reasons
1. The parties' assertion
A. The chairperson B, the representative of the plaintiff defendant, requested the plaintiff to lend money necessary for the payment of part of the construction cost to C, who was performing the removal work of the central heating equipment in the apartment building A (hereinafter "the apartment of this case").
Accordingly, the Plaintiff lent a total of KRW 46,00,000 to the Defendant from September 2013 to November 26, 2013, and requested the Defendant to repay the said loan by June 15, 2014, but the Defendant did not repay the said loan obligations.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 46,00,000 and damages for delay after June 15, 2014.
B. The Defendant concluded a contract with the Plaintiff and A apartment (hereinafter “instant apartment”) for the entire removal of individual heating systems, including the removal of central heating-free equipment, and paid the construction cost in full. The parties to the contract with C for the construction of the central boiler removal construction of the instant apartment with C are not the Defendant but the Plaintiff, and the Plaintiff was holding adequate cash during the period from Sep. 26, 2013 to Nov. 26, 2013, which was the period for claiming that the Plaintiff lent KRW 46,00,000 to the Defendant. Therefore, the Defendant did not have any reason to borrow the cost of removal from the Plaintiff.
In addition, there was no resolution of the defendant's council on the borrowing of money from the plaintiff.
Therefore, the plaintiff's claim of this case is without merit.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the descriptions of Gap evidence Nos. 1, 4, and 9 (including a branch number for those with a branch number) and the overall purport of the pleadings in the witness Eul’s testimony, the plaintiff lent KRW 46,00,000 to the defendant from Sep. 26, 2013 to Nov. 26, 2013.
1 C has filed a lawsuit against the defendant for the payment of the cost of the construction of the central heating system of the apartment in this case.