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(영문) 의정부지방법원 고양지원 2018.12.21 2018가단86852
대여금
Text

1. The Defendant: 4% per annum from December 1, 2017 to May 30, 2018, and May 31, 2018, to the Plaintiff.

Reasons

1. Fact-finding;

A. On March 15, 2016, the Plaintiff entered into a contract with the Defendant, setting the construction cost of KRW 2.1 billion (excluding value-added tax; hereinafter the same shall apply) and the construction period from March 21, 2016 to November 30, 2016, with respect to the construction of a new neighborhood living facility located in Yongsan-gu Seoul Metropolitan City (hereinafter “instant construction”).

B. After the commencement of the instant construction project, the Plaintiff demanded additional construction costs on November 2016, and the Plaintiff paid KRW 2230 million to the original construction cost plus KRW 130 million of the additional construction cost. Accordingly, the Defendant agreed to complete the construction by January 25, 2017 and deliver all documents necessary for completion inspection to the Plaintiff.

C. After that, the Plaintiff and the Defendant around July 19, 2017 set forth the above-mentioned provision as to the construction cost of this case.

It agreed to make a final settlement of total of KRW 2.31 billion (total of KRW 2.54 billion when including value-added tax) by adding a total of KRW 2.230 million to KRW 80 million for tyl and other process additional construction costs of KRW 80 million.

In addition, with respect to the amount exceeding the above final settlement amount (including value-added tax, 2.54 billion won) from the money paid by the Plaintiff to the Defendant or subcontractors in connection with the instant construction project, it shall be deemed as the Defendant’s loan obligation to the Plaintiff within the limit of KRW 100 million, and the Defendant agreed to repay the amount in installments three times from November 30 to May 30, 2018 by applying the annual interest rate of 4%, and the written statement of performance containing the same details is prepared and issued.

However, the construction cost paid by the plaintiff to the defendant or his subcontractor up to the present day shall be KRW 2.54 billion in the final settlement amount and KRW 1 million in the above amount.

It exceeds KRW 2.64 billion, plus KRW 100,000,000,000,000, which is the limit of deemed loans as stated in the paragraph.

[Ground of recognition] A without dispute, each entry in Gap evidence 1 through 8 (including partial number), and the purport of the whole pleadings

2. According to the facts established above, the defendant shall be the plaintiff.

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