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(영문) 대구지방법원 2017.06.22 2016나9696
대여금
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The parties concerned are corporations whose business purpose is real estate consulting business, etc., and the defendant is the representative of B Co., Ltd. (hereinafter “B”) for housing construction business, etc., who newly built C and 2 lots of land lending (hereinafter “this case lending”).

On April 13, 2013, the Sejong Construction Co., Ltd. (hereinafter referred to as “Segi Construction”) was awarded a contract for the construction of the instant loan by the Defendant.

B. On December 24, 2013, the Plaintiff prepared and delivered a loan certificate under the name of the Defendant, stating that “The borrower shall be the Defendant for rent construction and construction, and KRW 50 million shall be borrowed from the progress payment for the construction site of the instant loan construction, and shall be repaid at a fair rate of 80% at a fair rate of 80%.” (hereinafter “the loan certificate of this case”).

On the same day, the sum of KRW 30 million in the name of the plaintiff, and KRW 50 million in total, was remitted to the defendant on the 26th day of the same month.

C. On March 11, 2013, the Plaintiff and B, including the preparation of an exclusive consulting service contract between the Plaintiff and B, entered into an exclusive consulting service contract with the effect that “B shall pay to the Plaintiff the Plaintiff the service consulting cost at KRW 35 million when entrusting the selection of the construction company, construction work and completion of responsibility, and management funds consulting with respect to the construction of the instant loan construction project; KRW 5 million upon entering into the contract; and the Plaintiff shall pay to the Plaintiff the remainder on the date when the loan became final and conclusive from the financial institution as funds for the operation of the construction project in accordance with the above service contract; and the Plaintiff shall refund the consulting cost to B, if any disadvantage arises to the Plaintiff’s project due to the cause of the delay or interruption of the construction project due to the special agreement

(hereinafter referred to as the “instant service contract”). B paid consulting costs of KRW 35 million to the Plaintiff.

B Co., Ltd. of the instant loan construction contract for the loan construction of this case between B and Sejong Construction, on January 2013.

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