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(영문) 대구지방법원 2019.10.17 2018나308700
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiff entered into a contract with the Defendant (formerly: C Co., Ltd.) to pay sewage amounting to KRW 6,000,000,000 for construction cost among the new construction works of the apartment complex D in Daegu-gun, Daegu-gun, and the Plaintiff’s new construction works of the apartment complex D (hereinafter “instant construction works”).

B. On November 10, 2014, the Defendant entered into a contract with E to lease the land F, G, and Daegu-gun (hereinafter “instant lease contract”) with the Defendant, setting the lease deposit amount of KRW 20,000,000, consecutively renewed fee of KRW 20,000,000 (prepaid) and the lease term from November 10, 2014 to December 30, 2015 (hereinafter “instant lease contract”).

C. Meanwhile, during October 2014, H retired by the Plaintiff’s employee, at the request of the head of the Defendant’s official office, remitted KRW 20,000,000, in its own money on November 8, 2014, and KRW 20,000,000, in total, borrowed from the Defendant’s site agent J on November 12, 2014, as the lease deposit and the reappointment fee under the instant lease agreement.

On December 30, 2014, the Plaintiff paid KRW 20,000,00 to I upon the Defendant’s on-site agent J and the chief of the public service department I’s request.

I paid 15,00,000 among them to H, the remainder of 5,000,000 won to J respectively.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1, 3 through 6, 8, 9, 11, 14 through 16 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. On December 30, 2014, the Plaintiff asserted that the Plaintiff leased KRW 20,000,000 to the Defendant through J and I, who is an employee of the Defendant, on December 30, 2015.

Therefore, the defendant is obligated to pay to the plaintiff KRW 20,000,000 and damages for delay.

B. In full view of the following circumstances acknowledged by the evidence and the purport of the entire pleadings, the evidence submitted by the Plaintiff alone is worth KRW 20,000,000 to the Defendant.

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