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(영문) 서울중앙지방법원 2018.09.07 2016가합573651
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 2011, school juristic person E (hereinafter “E”) entered into a construction contract with F Co., Ltd. (hereinafter “F”) and Gangnam-gu Seoul Metropolitan Government G ground for constructing urban residential housing (hereinafter “instant new construction”) with construction cost of KRW 13,750,000 (including value-added tax; hereinafter the same shall apply).

B. Around January 14, 2013, F issued to E a written waiver of the right to execute the instant construction, stating that “The F shall waive all rights, exercise of powers, etc. relating to construction and request consultations in the future,” without completing the instant construction work.

C. On January 31, 2013, the Plaintiff’s construction period for the remaining construction works during the instant new construction works is from February 1, 2013 to August 31, 2013; and the construction cost is KRW 11,600,000,000, below the instant construction contract.

AB concluded the agreement.

Defendant B, Inc., and 'Defendant Company'

(D) The Defendant C is an internal director who is the representative of the Defendant Company, and the Defendant D is a person who introduced the Defendant Company and the instant new construction work to the Plaintiff. [The facts that there is no dispute over the grounds for recognition, evidence Nos. 1, 2, and 1, and the purport of the entire pleadings.]

2. Determination as to the claim for a loan of KRW 520 million

A. The Plaintiff’s assertion 1) On February 8, 2013, the Plaintiff leased KRW 520 million to the Defendant Company upon receiving a loan request from the Defendant Company and H who represented by the Defendant Company and C, and the Defendant C agreed to pay the above loan together with the Defendant Company. Therefore, the Defendant Company and the Defendant C are jointly and severally liable as a joint obligor, or the Defendant Company and C are jointly and severally liable to pay the above loan amounting to KRW 520 million, and delay damages therefrom. (2) The Defendant Company and the Defendant Company, the Defendant Company, and the Plaintiff, as a joint surety, are jointly and severally liable to pay the above loan amounting to KRW 520 million.

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