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(영문) 수원지방법원성남지원 2015.06.12 2014가단214051
대여금반환청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a construction business and indoor interior interior interior decoration business, and the Defendant operates the said company with the husband of C, the representative of B, as the husband of C.

(b) On January 27, 2014, the Plaintiff and B Co., Ltd. enter into a subcontract contract: D: The name of the principal contractor: Defendant, the name of the subcontractor: E neighborhood, the interior work of the new house construction work, the interior work of the construction site, the construction site: F and the construction period: on March 31, 2014, completed on January 27, 2014; the contract amount: 9,000,000 won (including additional taxes); 30% at the time of the contract; 40% after the completion of the contract; and 30% after the completion of the contract (hereinafter referred to as “E contract for construction”).

(2) On January 27, 2014, the Plaintiff and B Co., Ltd. concluded a subcontract agreement (hereinafter referred to as “G construction agreement”) with the owner: C, the name of the principal contractor: Defendant, and the name of the subcontracted project: The interior project from among the new construction works of G accommodation facilities (freeel): Chungcheong Budget Group G and the construction period: February 1, 2014; the completion of construction; April 30, 2014; the contract amount: 576,40,000 won; the supply value of KRW 524,00,000; value-added tax amount of KRW 52,40,000; value-added tax amount of KRW 52,400,000; and advance payment of KRW 20%.

C. On February 18, 2014, the Plaintiff issued a tax invoice of KRW 172,920,00, which is 30% of the construction price of G to B Co., Ltd., and B Co., Ltd. paid KRW 172,920,00 to the Plaintiff on the same day: (a) the amount borrowed from the Defendant on the same day: (b) the repayment date: (c) the amount borrowed from the Defendant; and (d) the date of borrowing: (b) the date of borrowing: (c) the certificate of the fact of borrowing the principal by March 21, 2014; and (b) the Plaintiff remitted KRW 122,920,000 to the Defendant on the same day. (b) The Plaintiff transferred the amount of KRW 50,00,000 to E Corporation on March 14, 2014; and (b) the amount of KRW 172,920,00 to the Plaintiff on April 14, 2014.

3. On April 14, 2014, the Plaintiff: (a) 122,920,000 won for tea container; and (b) 30,000,000 won for the first repayment; and (c) 50,000,000 won for the second repayment.

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