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(영문) 대구지방법원 경주지원 2018.12.12 2018가단1202
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 48,00,000 and the interest rate of KRW 15% per annum from April 21, 2018 to the date of complete payment.

Reasons

1. Facts recognized;

A. On January 23, 2008, the Defendant has been operating Nonparty C Co., Ltd. (hereinafter “C”), and on receipt of KRW 75 million from E Co., Ltd. (hereinafter “E”), F, and G, a cash storage certificate (Evidence 1-2) was prepared in order to receive KRW 75 million from E Co., Ltd. (hereinafter “E”), F, and G, under the pretext of a contract for the construction of D Housing Site when the said company takes charge of D Housing Site Creation.

At the time E, F, and G seem to have received a subcontract for part of the construction work when C receives a housing site preparation work.

In addition, the above 75 million won seems to have been prepared by F in 12 million won, G in 15 million won, and the plaintiff who actually operated E in 48 million won.

The current Tranman No. 300,000,000) shall be received under the condition that the above amount would be part in the project when C would have been engaged in the construction of the structure among D Housing Site Construction Works, and prepared in C or B’s name

1. Cash storage certificate on January 23, 2008;

2. The certificate of borrowing on October 11, 2008 and the certificate of borrowing.

3. The statement of payment on April 14, 2009 confirms that it shall be null and void and shall be substituted by this cash custody certificate.

on March 9, 2011, B ear A of the aforementioned confirmatorys

B. However, on March 9, 201, while C was unable to receive a contract for the construction of D Housing Site, the Defendant, as the actual operator of E on March 9, 201, prepared a cash custody certificate (Evidence A No. 1-1, hereinafter “the cash custody certificate of this case”) with the following contents as to the Plaintiff, who was the actual operator of E, and deducted 27 million won that was returned to F and G from the above 75 million won:

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 13 (including each number), the purport of the whole pleadings

2. Determination:

A. The judgment C on the cause of the claim seems to have failed to receive construction works for the formation of D Housing Site from March 9, 201 to the expiration of seven years from March 9, 2011 (10 years or more as of January 23, 2008, which received the money by the first C). Thus, the Defendant is 48 million won in the cash custody certificate of this case to the Plaintiff.

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