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(영문) 서울고등법원 2015.04.23 2014나2015635
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 8, 2009, C Co., Ltd. (hereinafter “C”) with the Defendant’s former office was awarded a contract for the incidental civil works among D new construction works in Seongbuk-gu, Sungnam-si (hereinafter “instant construction works”) with the amount of KRW 325,500,000 of the construction cost.

B. C on April 3, 2009, entered into a subcontract with Daz Co., Ltd. (hereinafter “Daz Co., Ltd”) with respect to the instant construction project amounting to KRW 250,000,000,000 of the construction cost, which waived the construction work and did not implement it.

Accordingly, on April 9, 2009, C drafted a “order for Construction Work” with the Plaintiff, stating that “The Plaintiff, the team leader of the entity ordered with C, shall conclude an agreement by agreement, and promise to perform the obligations ordered by C in good faith.”

C. Around May 2009, the Plaintiff accepted the instant construction work from E with the construction cost of KRW 95 million. From May 2009 to June 2009, E discontinued discontinued construction work as it had been performed for about 20 days and had not been paid at once, and the Plaintiff paid KRW 10 million out of the construction cost of the said period to E around June 22, 2009.

Meanwhile, with respect to the instant construction project, the Defendant shall provide the Plaintiff with the following disposal documents (hereinafter referred to as “instant disposal documents”) and, in the event that the individual disposal documents are affixed, the amount of KRW 1,35,000,000,000,000,000,000,000, including the content of the document as of the date on which the following order was named, shall be paid according to the order of the following:

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