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(영문) 수원지방법원성남지원 2014.04.11 2013가합202348
대여금
Text

1. The Defendant’s KRW 54,150,00 for the Plaintiff and KRW 5% per annum from November 20, 2013 to April 11, 2014.

Reasons

1. Basic facts

A. On June 7, 1990, the Plaintiff and the Defendant: (a) revised the area of 1,413 square meters in Hanam-si in 1/2 shares (around September 27, 2005, the registered matter was corrected to 1,413 square meters; (b) around July 2, 2008, D large 25 square meters was divided; and (c) on December 5, 2008, the land category was changed to the land for a factory, and C was 1,38 square meters in 1,38 square meters in 208; hereinafter “instant land”).

B. On May 15, 2008, the Plaintiff and the Defendant agreed to remove the buildings on the instant land and to newly construct the factory buildings. On May 15, 2008, the Plaintiff and the Defendant entered into a contract for the construction of the factory building (hereinafter “instant construction”) at the contract intervals of KRW 930 million for the construction cost (hereinafter “instant contract”). The Plaintiff and the Defendant agreed to pay value-added tax and return value-added tax that the Defendant, whose business registration is registered after the Chungcheong Construction bears value-added tax, to the Chungcheong Construction.

C. After that, the Plaintiff and the Defendant, with respect to the disposal of waste generated in the course of removing the existing building on the instant land, agreed to entrust the Chungcheong Construction with waste treatment, reduce the construction cost to KRW 900 million, and deduct the waste disposal cost from the balance. On July 25, 2008, the Plaintiff and the Defendant paid KRW 30 million as waste disposal cost to the Chungcheong Construction.

On December 5, 2008, the plaintiff and the defendant completed registration of preservation of ownership of 1/2 shares of each of the factory buildings newly constructed on or around December 5, 2008.

E. On June 13, 2008, the Plaintiff paid 300 million won of the down payment on September 11, 2008, KRW 200 million of the first intermediate payment on October 2, 2008, KRW 100 million of the second intermediate payment on October 2, 2008, KRW 300 million of the third intermediate payment on October 9, 2008, KRW 100 million of the remainder on October 22, 2008, and November 30, 2008, KRW 100 million of the remainder, and KRW 100 million of the remainder unpaid construction payment (i.e., KRW 90 million of the construction payment - KRW 80 million paid by the Plaintiff).

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