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(영문) 창원지방법원 2014.09.03 2013가합7509
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 9, Eul evidence 1 and 2 (including each number, if any) and the whole purport of the pleadings:

(1) The Defendant shall enter into a construction contract with the introduction of D, the E-mail of Changwon-si, Changwon-si, and 362 square meters (hereinafter referred to as “instant land”).

(2) On July 10, 2010, the Defendant concluded a contract under which the construction cost is KRW 450,000 with respect to the construction of a newly built multi-household (hereinafter “G Lending”) and the construction of a multi-household (hereinafter “multi-household”) with the fourth floor size on that ground, to newly build a multi-household on that ground, and to purchase the above land and complete the registration of ownership transfer in the name of the Defendant. The Defendant concluded a contract under which the construction cost is increased to KRW 548,240,000 on November 8, 2010, respectively.

However, since F without a construction license could not be conducted by GJ, it was trying to lend the construction license from HJD Construction Co., Ltd. (hereinafter “PP”), but HP refused to lend the construction license, it was intended to allow HP to do the said construction, and F itself was subcontracted from HP to HP.

Accordingly, between the defendant and Heung Forest, the contract was prepared as of November 8, 2010 with the construction cost of 548,240,000 won (including value-added tax) and 480,600,000 won (tax exemption), respectively, and the contract was prepared as of March 31, 201 with the change of 55,000,000 won (tax exemption and additional tax on material cost).

B. D’s money borrowed 1) D’s construction of multi-household housing (B) on the ground, both H, and three parcels of land, Changwon-si, Masan-si, and Changwon-si (hereinafter “H loan construction”).

On June 21, 2010, the Plaintiff borrowed KRW 100,000,00 from the Plaintiff to the end of December 31, 2010.

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