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(영문) 의정부지방법원 2016.12.22 2016나6218
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. Around June 2015, the Defendant entered into a contract with Jincheon-gun D Corporation Co., Ltd. (hereinafter “C”) to receive a subcontract for KRW 37,587,000 for the construction cost.

In addition, on June 17, 2015, the Defendant deposited KRW 20,000,000 into the said company’s account by lending KRW 20,000 between C and C on June 17, 2015. On June 18, 2015, the Defendant prepared a construction contract stating that the total amount of KRW 20,587,000,000, including the above loan KRW 37,587,000,000, was to be paid KRW 57,587,000 upon completion of construction.

B. On July 6, 2015, the Defendant entered into a “provisional Contract” with the content that the construction work was subcontracted to the Cheongcheon-gun, Chungcheongnam-gun, and that the construction cost shall be set at KRW 60,000 per meter.

In addition, on the same day, the defendant borrowed KRW 20,000,000 to C in the contract and then entered into a special clause stating that it will receive KRW 20,000,000 along with the construction cost at the time of completion.

C. On July 8, 2015, the Defendant deposited KRW 5,000,000 into the G account of the president of CF, and the Plaintiff deposited KRW 10,000,000 into the said G account on the same day.

On August 3, 2015, the Defendant drafted a loan certificate stating, “I, on July 8, 2015, enter into an agreement with the Plaintiff that I will definitely borrow and repay on the due date for repayment, as above, the date of repayment, July 8, 2015, and August 31, 2015.”

[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence Nos. 1, 6 through 8 (including additional numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant decided to lend KRW 20,000,000 to C on July 6, 2015, and the Plaintiff appears to have paid KRW 10,000 among them to C, and thereafter, the Defendant issued a certificate of borrowing KRW 10,000,000 to the Plaintiff, and thus, the Defendant borrowed KRW 10,000 from the Plaintiff. Thus, the Defendant borrowed KRW 10,00,000 from the Plaintiff.

The defendant, the defendant and the plaintiff.

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