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(영문) 인천지방법원 2019.09.04 2018나7627
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is the building owner who actually constructed the three-story building on land outside Kimpo-si, Kimpo-si. At the time of the said new construction (hereinafter “new construction”), the Plaintiff leased KRW 14,00,000 to the Defendant in charge of the structural construction, etc. three times from September 15, 2014 to October 14, 2014, and thus, the Defendant is obligated to repay the said loan to the Plaintiff.

B. The fact that the Plaintiff, a real owner of the foregoing building, paid the Defendant totaling KRW 9,00,000 from September 15, 2014 to October 2014, which was the time of the instant new construction project, is without dispute between the parties, and according to the evidence No. 1, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 5,00,000 from the Plaintiff,” around September 15, 2014.

However, in full view of the purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 through 8 and the whole arguments, the above loan Nos. 1 stated that the defendant will complete construction in connection with the new construction of this case. On the other hand, in relation to the new construction of this case, the plaintiff prepared a confirmation document stating that "the defendant will pay 10,000,000 won on behalf of the defendant until October 13, 2014" around October 2, 2014, and thereafter, in relation to the structural construction of this case, the plaintiff prepared a confirmation document stating that "the defendant will pay 25,000,000 won to the defendant until April 30, 2015" and that "the defendant will pay 20,000 won to the defendant as 10,000 won and 40,000 won to the defendant on May 14, 2014."

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