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(영문) 수원지방법원 2016.09.22 2016가단520139
대여금
Text

1. The plaintiff A's primary claim is dismissed.

2. The Defendant: (a) KRW 120,000,000 to Plaintiff B and its related thereto on June 21, 2016.

Reasons

1. Indication of the claim portion of the conjunctive Plaintiff B;

A. Around October 5, 2007, Plaintiff A loaned KRW 100 million to the Defendant on or after the due date set on January 5, 2008.

B. On November 20, 2015, Plaintiff B entered into a construction contract with the Defendant for construction of a building project for a detached house D-based multi-family housing unit as the construction cost of KRW 270,000,000. Of the construction cost, Plaintiff B agreed to substitute the said loan’s principal and interest.

Accordingly, the plaintiff A transferred the claim of KRW 120,000,000 to the plaintiff B with the interest of the above loan to the defendant, and the defendant was notified as the preparation of the above contract document.

2. Judgment on deemed confession based on this part (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

3. The loan claims of Plaintiff A were transferred to Plaintiff B in lieu of the repayment. Thus, the loan claims of Plaintiff A, the primary plaintiff, in itself, are dismissed as it is without merit.

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