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(영문) 춘천지방법원 강릉지원 2017.02.07 2016가합151
대여금
Text

1. The Defendant’s KRW 162,00,000 per annum for the Plaintiff and 6% per annum from April 20, 2016 to February 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a representative director of C (hereinafter “C”) and a person who runs a construction business under the trade name of “D” as a private business chain.

In addition, the defendant was the representative director of E Co., Ltd. (hereinafter "E") (from December 15, 2014 to October 13, 2015).

B. The attached sheet is part of the monetary transactions between the Plaintiff, Defendant, and E.

(Attached Table 1 to 14). (C) The amount of money under [Attachment 1 to 14] shall be

E, as of April 17, 2015, between the Plaintiff and the Plaintiff, set up a construction contract with the Plaintiff for construction work (hereinafter “instant construction contract”) with the content that “E newly constructs a G model voucher from the second floor 201 and third floor 301 of Seodaemun-gu Seoul F-based building (hereinafter “F model voucher construction”) KRW 330,000,000 (in advance, KRW 100,000,000 for intermediate payment, KRW 197,000,000 for intermediate payment, KRW 33,000,000 for the remainder payment), and from April 17, 2015 to May 16, 2015 (hereinafter “instant construction contract”).

On April 28, 2015, the Plaintiff issued, respectively, a tax invoice of KRW 100 million and a tax invoice of KRW 197 million with respect to the construction project. D.

E With the Plaintiff on May 12, 2015, the Plaintiff prepared a contract for the alteration of the construction contract (hereinafter referred to as “instant alteration contract”) with the term “E” of KRW 540,000,000 for the construction cost of KRW 50,000 (in advance, KRW 100,000,000 for intermediate payment, KRW 297,000,000 for intermediate payment, KRW 243,000 for the remainder, and KRW 243,00,000 for the construction period from April 17, 2015 to June 22, 2015, stating that the construction cost is KRW 54,00,00 for the said written estimate.

E. On June 23, 2015, the Plaintiff issued a tax invoice of KRW 243 million in relation to the construction work under the instant modified contract to E.

In addition, on June 24, 2015, E requested the International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) to execute the above money, and the said money is the same.

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