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(영문) 수원지방법원안양지원 2017.10.26 2016가단120371
공사대금
Text

1. The Defendant: (a) KRW 18,600,000 for the Plaintiff and 5% per annum from October 12, 2016 to October 26, 2017.

Reasons

1. Determination on the cause of the claim

A. The plaintiff alleged that the plaintiff is responsible for paying the above amount to the plaintiff, since the plaintiff paid the construction cost of C Reinforcement on behalf of the defendant to D 20,000,000 won on behalf of the defendant, the defendant alleged that the defendant is responsible for paying the above amount. Therefore, it is not sufficient to acknowledge the above facts only with the descriptions of No. 10-1 and No. 10-2, and there is no other evidence to prove otherwise.

B. According to the following facts: (a) the Plaintiff’s determination on the claim for the amount of the transfer money that he/she received from Nonparty E; (b) there is no dispute between the parties; (c) the Plaintiff loaned KRW 11,80,000 to Nonparty E on October 1, 2015; and (d) Nonparty E, on October 25, 2016, transferred to the Plaintiff the claim for the amount of the transfer money that he/she acquired from Nonparty E as security for the above loan money, KRW 18,60,000, and interest interest interest rate of KRW 5% per annum; and (d) the Plaintiff and Nonparty E transferred to the Plaintiff the claim for the amount of the transfer money that he/she acquired from the Defendant around October 26, 2016, according to each of the above facts admitted, the Defendant is obligated to pay the above transfer money claim to the Plaintiff.

C. In light of the purport of the judgment on the claim for the amount of subrogated payment related to H construction civil petition, the Plaintiff alleged that Nonparty I paid 15,000,000 won on behalf of the Defendant on condition that Nonparty I did not file a civil petition with respect to H construction work, and thus, it is insufficient to recognize that each of the items of evidence Nos. 2 and 11 is the Defendant’s joint and several surety, and there is no other evidence to acknowledge this.

The Plaintiff determined on the portion of the claim for the interest on the loan of the Seosung Scholarship Saemaul Cooperative loan with the interest on the interest on the loan of 550,000,000 won at the interest rate of 52,273,040 won at the interest rate, and at the time of the loan on September 5, 2014, the Plaintiff paid the interest on 12,096.

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