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(영문) 대구지방법원 2016.07.22 2015가단6361
대여금
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 parties concerned are corporations with the purpose of the real estate consulting business. The defendant, as the representative of B Co., Ltd. (hereinafter “B”) for housing construction business, intended to build a sub-loan on the land surface and two parcels at the time. The Sejong Construction Co., Ltd. (hereinafter “sub-construction”) was awarded a contract for the construction of sub-loan.

B. The Plaintiff prepared and delivered a loan certificate on December 24, 2013 (hereinafter “the loan certificate in this case”) stating that the Defendant, etc. (around 50 million won shall be borrowed from the rent construction for the rent construction, the Defendant, and the repayment period shall be 80%, and the bank loan certificate shall be repaid at the rate of 80%). On December 24, 2013, the Plaintiff was transferred KRW 30 million in the name of the Plaintiff and KRW 50 million in the sum from the account in the Plaintiff’s name.

C. B and the Plaintiff, including the preparation of a written exclusive consulting service contract between the Plaintiff and B, on March 11, 2013, drafted an exclusive consulting service contract with the effect that [B] (a) entrusted the Plaintiff with the selection of construction company, construction work and completion of responsibility, and management fund consulting with respect to the construction of the above loan, KRW 35 million for the service consulting contract, and the Plaintiff paid to the Plaintiff KRW 5 million for the remainder on the date when the Plaintiff was granted a loan from a financial institution as operating funds for construction work in accordance with the above service contract, and the Plaintiff returned the consulting cost when the Plaintiff and the Si construction were delayed or suspended for at least one week due to the reasons of the construction work in the city, and the Plaintiff paid the Plaintiff KRW 35 million for the consulting service contract (hereinafter “instant service contract”).

B Concluding the contract for the construction of the loan on April 13, 2013, the construction cost of the loan construction is KRW 1.45 billion for the construction of the loan on April 13, 2013.

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