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(영문) 광주지방법원순천지원 2014.09.02 2014가단7364 (1)
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from May 2, 2014 to the day of complete payment.

Reasons

1. On February 2012, the Defendant was awarded a contract for the instant construction work under the name of Mad-si Construction Co., Ltd. (hereinafter “instant construction work”) with his father C without setting the construction cost, and completed the instant construction work on August 2012. However, on September 27, 2012, the Defendant received transfer from the Plaintiff to the Defendant’s account (hereinafter “instant remittance”) of KRW 100 million (hereinafter “instant money”).

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that “The Plaintiff and the Defendant agreed to lend KRW 100 million to the Defendant on September 27, 2012, and accordingly, transferred the instant money, so the Defendant is obligated to pay KRW 100 million and delay damages to the Plaintiff.”

In regard to this, the Defendant did not borrow KRW 100 million from the Plaintiff, but claimed that “The instant transfer was made in order to pay the instant construction cost by subrogation to the Defendant of C.”

B. In full view of each of the statements in Gap evidence No. 2 and No. 3-1, the plaintiff was well aware that there was a dispute over the amount of the construction price of this case between his father C and the defendant at the time of the transfer of this case, the defendant was unable to pay the construction price under the subcontract to the subcontractor of the said construction at the time of the transfer of this case, and the defendant stated that "I borrowed money from the plaintiff" to the representative director of Jungsung Construction Co., Ltd. after receiving the above transfer from the plaintiff, and that the plaintiff did not notify C of the remittance of this case before the dispute over whether the money of this case was repaid or borrowed.

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