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(영문) 부산지방법원동부지원 2015.11.27 2014가단211161
대여금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Determination as to the cause of the principal claim

A. The Plaintiff asserted that, on September 5, 2012, the Plaintiff loaned KRW 50,00,000 to the Defendant, and that, upon receipt by Nonparty C of the advance payment of the low temperature warehouse construction work on the land other than the Hai-gun, Chungcheongnam-gun (hereinafter “instant construction work”), the Defendant agreed to pay the said advance payment, and the due date has arrived, the Defendant is obliged to perform the obligation to the Plaintiff. The Defendant asserted that the Plaintiff borrowed the said money from Nonparty D Co., Ltd., who worked as the representative director rather than borrowing the said money from the individual, and that the Plaintiff’s assertion is unreasonable.

B. In light of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 2 and 3; (c) evidence Nos. 1 through 9 (including any number), witness E’s testimony; and the fact-finding reply to the Busan District Court’s branch branch branch support; and (c) under the loan certificate that the Defendant borrowed the loan of this case, the lender stated “D” and “I will transfer the repayment method and the plan to D (State) with the right of execution; and (c) the loan of this case was paid to the Defendant under the condition that Nonparty C, who was the contractor, renounced the construction of this case and transferred the construction right to Nonparty D; and (d) the Defendant agreed to pay the loan of this case to Nonparty D with the owner of this case after giving up the construction cost equivalent to KRW 50,000 and giving up the construction cost; and (e) the Defendant agreed to pay the loan of this case to Nonparty D to Nonparty 50,000,000.

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