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(영문) 대구지방법원 2015.11.26 2015나11067
대여금
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. On September 24, 2013, the Plaintiff asserted that the Plaintiff leased KRW 20,000,000 to Defendant B on the condition of taking over construction materials, as of November 1, 2013. In this case, Defendant C guaranteed the Defendant B’s debt.

However, Defendant B did not supply the Plaintiff with construction materials and did not pay the above loans.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 20,000,000 and damages for delay.

B. According to the statement in Gap evidence No. 1, 2013, Sep. 24, 2013, the plaintiff "Y 20,000 Won (e.g., 20,000)" was received as part of the total amount of delivery money of construction inputs owned by the partnership's side in promoting the remaining appurtenant works in the land rearrangement zone for Sejong-si. The remaining price shall be the full amount of September 26, 2013. The receiver: defendant B and guarantor C (hereinafter "the loan certificate of this case") was delivered with a loan certificate with the purport that "Y 1, Eul and 12" (hereinafter "the loan certificate of this case") was delivered to the plaintiff, but the above construction work can be paid to the plaintiff 10,000 won by adding the whole arguments to the statement in No. 1 and No. 20,000, the plaintiff 200 and the plaintiff 10,000,000 won of the housing site development agreement of this case (hereinafter "the construction work of this case").

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