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(영문) 의정부지방법원 2020.04.22 2019가합51536
계약보증금 반환
Text

1. Defendant (Counterclaim Plaintiff) B, Defendant C, and D jointly share to the Plaintiff (Counterclaim Defendant) for KRW 200,000,000, and their amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company with the objective of civil engineering, landscaping, etc.

Defendant B purchased Macheon-si, F and 21 lots (hereinafter “instant construction site”) from E and obtained a building permit under the name of E, and is the actual owner who constructed a new multi-household house on that ground. Defendant C is the spouse of Defendant B, and Defendant D is the architectural designer in charge of designing the said new multi-household house.

B. On May 16, 2017, the Plaintiff entered into a contract for construction works with Defendant B, setting the contract amount of KRW 12.6 billion for the said new construction of multi-household housing (hereinafter “instant construction works”), May 2017, and eight months from the commencement date of the scheduled completion date, and 1/1,000 of the daily contract amount per annum for delay compensation (hereinafter “instant construction works”).

(hereinafter “instant contract”). (c)

The Plaintiff’s KRW 200 million loan 10 million to Defendant B, while lending KRW 200 million to Defendant B for the purpose of investing it in the instant construction project, on May 22, 2017 and the same year.

6. On June 16, each of the KRW 100 million was remitted to Defendant C’s deposit account (hereinafter “instant loan”), and each of the receipts dated May 22, 2017, including the following details at the time, and the loan certificate dated June 15, 2017, respectively.

On June 15, 2017, the loan certificate of this case (hereinafter “the loan certificate of this case”) entered the creditor, defendant B and C as the debtor and defendant D as the guarantor, respectively, and the seal of the defendants was affixed.

Receipt of May 22, 2017 (Evidence A2-1) - The construction site of the instant construction site, daily cash worth (100,000,000 won), and the receiver: Defendant B - The above amount is part of the one which was executed in advance in performing the instant construction.

B of 600, a contractor B shall transfer the name as the top priority to the contractor (Plaintiff).

The above amount shall be charged to the financial company.

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