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(영문) 광주지방법원 2019.03.19 2017가단28127
대여금
Text

1. The Plaintiff, Defendant B, Defendant C, and Defendant D, respectively, KRW 12,428,57, and each of them on March 1, 2010.

Reasons

1. Basic facts

A. On May 13, 2006, the Plaintiff and E confirmed that they had a debt of KRW 23.5 million with loans from time to time, and the Plaintiff and E entered into an agreement with E to pay the substitute payment for the construction of a charnel house to F by preparing the following loan certificates (Evidence (Evidence (Evidence (Evidence (1)).

E shall borrow 23.5 million won from the Plaintiff, and repayment shall be made from the Si Corporation F to the settlement of the construction cost of a charnel house.

(no interest is raised)

B. The Plaintiff, at any time, provided loans to E from time to time, and the Plaintiff and E confirmed that the loans accumulated on June 15, 2007 and the total amount of KRW 43,50,000,000, and the following certificates of loans (Evidence (Evidence (Evidence (No. 2) were prepared, and entered into an agreement with E to pay the construction price when it is settled by the company constructing a charnel house.

The sum of the first borrowed amount of KRW 23.5 million on May 13, 2006 and the second borrowed amount of KRW 20 million on June 15, 2007 shall be paid on the 10th day of each month from June 10, 2007 to the repayment date.

The repayment period shall be immediately in the settlement of accounts from the Si projects for charnel projects.

C. Around December 2006, F anticipated that E will receive the substitute payment for the construction of a charnel, which was closed at the site of the new installation of a charnel (Seoul-gun G). Around April 2, 2007, H Co., Ltd. entered into a contract for the acquisition of a newly constructed charnel (hereinafter “instant charnel construction”) that was implemented in the previous new construction of a charnel (hereinafter “Seoul-gun G”), and renounced the construction around October 2007, and entered into a contract with I to take over the said new building (hereinafter “instant charnel”) around January 2, 2010, and around January 20, 2010, H Co., Ltd. waived the construction and did not appear to have taken over the said construction on or around February 2, 2010, and eventually, E did not appear to have taken over the said construction.

Based on the construction cost claim under paragraph, around February 28, 2013, the lien on the charnel in this case is based on the lien.

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