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(영문) 대전지방법원 2019.06.13 2017가단221669
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 51,00,000 and Defendant C from August 25, 2016 to October 17, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaging in the business of manufacturing plastic windows, etc. with the trade name of E.

나. 원고는 2014년 초경 피고 B으로부터 대전 중구 F 소재 G건물 공동주택공사 중 샷시 및 잡철공사 부분(이하 ‘G건물 공사’라고 한다)을 공사대금 1억 4,800만 원에 하도급받은 후 그 공사를 완료하였다.

C. Of the above construction cost of KRW 148 million, KRW 67 million was repaid as substitute on August 7, 2014, and Defendant B and the Plaintiff agreed to pay KRW 30 million out of the remainder of the construction cost of KRW 81 million in cash, and the remainder KRW 51 million in loan shall be paid at the time of completion of the construction of the I-building collective housing construction work (hereinafter “I-building construction work”).

The written agreement (hereinafter “instant agreement”) drafted by Defendant C’s husband D and Defendant B on December 27, 2014 (hereinafter “instant agreement”) states that “The unpaid construction cost, out of the balance of the construction cost of the G building construction works, shall be jointly responsible for the unpaid construction cost, which shall be paid after the completion of the construction works of the I building.” The agreement written “C (D) and B,” and the seals affixed by Defendant C and Defendant B, respectively.

E. The construction of the I building was completed on August 24, 2016.

[Ground for recognition] Defendant C: Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3-6, Evidence No. 9-1 and No. 2-2, and the purport of the whole pleadings, Defendant B: deemed confession (Article 150 of the Civil Procedure Act)

2. Determination

A. According to the facts of the determination as to the cause of the claim, Defendant B and the Plaintiff entered into a quasi-loan agreement with the Plaintiff to repay the unpaid amount of KRW 51 million out of the construction price of G building on December 26, 2014, and the Defendant C, through the instant agreement on December 27, 2014, shall be deemed to have agreed that Defendant B would be jointly and severally liable for the said obligation of KRW 51 million against the Plaintiff.

Thus, the above agreement is for the third party whose beneficiary is the plaintiff.

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