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(영문) 창원지방법원마산지원 2016.06.01 2014가합1089
채무부존재확인
Text

1. The defendant is respectively against the plaintiff A, 52,98,010 won, 33,520,553 won to the plaintiff F, and 16,008,842 won to the plaintiff C, and the plaintiff D and E.

Reasons

1. Facts of recognition;

A. On July 13, 201, 13 Plaintiffs A, F, and net B, etc. awarded a contract to H (hereinafter “H”) for the new construction of 13 household units on the land of the 13 household units on the land (hereinafter “instant housing”). From among the aforementioned contractors, six Plaintiffs A, F, and net B, etc. (hereinafter “the instant parties”) agreed as follows (hereinafter “instant agreement”) on March 13, 201 with respect to the payment of the instant construction price, etc.

① The parties to the instant case shall borrow a total of KRW 300 million per capita from the Defendant and transfer the loans to H. However, H shall use the amount of KRW 180 million per capita ( KRW 30 million per capita x 6) as the construction cost to be paid by the parties to the instant case, and the remaining KRW 120 million per capita shall be refunded to the parties to the instant case.

② Expenses and interest on the instant loan incurred until the completion of the instant house is permitted shall be borne by H.

B. On March 15, 2012, Plaintiff A, F, and RB obtained a loan of KRW 150 million from the Defendant (per capita KRW 50 million x 3; hereinafter “instant loan”) from the Defendant on March 15, 2012 pursuant to the instant agreement, and delegated the said loan to the Defendant as deposit in the corporate account under H’s name.

Nevertheless, on March 15, 2012, the Defendant transferred KRW 150 million of the instant loan deposited into the account under the name of Plaintiff A, F, and network B to the private account under the name of the representative director of the said company, rather than the corporate account under the name of H.

C. L wired the instant loan KRW 90 million out of KRW 150 million deposited into its own account on March 15, 2012 to the corporate account under H’s name, and wired KRW 40 million to the network B and Plaintiff F each KRW 20 million.

The Defendant is the name of the principal and interest of the instant case and the redemption commission fees: ① KRW 52,98,010 from the Plaintiff to August 29, 2012; ② KRW 57,353,968 from the network B to January 2014; and ③

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