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(영문) 인천지방법원 2014.12.09 2013가합9549
대여금 등
Text

1. As to the Plaintiff, Defendant B, as to KRW 459,00,000 and KRW 110,000,000 among them, Defendant B, as to the Plaintiff, was from April 27, 2012, and 100.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd (hereinafter “Defendant C”) shared the following five parcels, including E, F, G, H, etc. around April 201: (a) I and five parcels (hereinafter “instant land”) in Ansan-si around April 201, along with E, F, H, etc.

나. 피고 주식회사 B(이하 ‘피고 B’이라 한다)은 철근콘크리트공사업, 토공사업, 겅축공사업 등을 목적으로 하는 법인인데, 피고 B의 대표이사 J은 이 사건 토지를 모두 매수하여 그 지상 건물을 철거하고, 그 자리에 지하 3층, 지상 11 내지 17층의 주상복합아파트를 신축하는 공사(이하 ‘이 사건 공사’라 한다)를 계획하였다.

C. On April 4, 2011, Defendant B, a co-owner of the instant land, issued a power of attorney to delegate matters necessary for the instant construction project and the selection of a construction company, and on April 18, 201, Defendant B purchased the said shares from H, a co-owner of the said I’s land, and completed the registration of ownership transfer.

The Plaintiff demanded that Defendant B borrow money if she wishes to obtain a contract for the instant construction work, and lent KRW 10 million to Defendant B on February 13, 2012.

E. The contract form for the instant construction project was drafted on February 20, 2012, and the contract is stated as “DK, E, and the contract form as “BJ, A, and L Company Representative M”.

F. The Plaintiff was demanded to lend land purchase funds from Defendant B without starting the instant construction, and on April 27, 2012, lent 100 million won to Defendant B through the representative M of the L Company (L) joint contractors (hereinafter “L”).

G. On August 20, 2012, Defendant C awarded a contract for construction works to remove wedding halls, etc. located on the instant land (i.e., total construction cost: KRW 110 million, and the period of removal completion: October 5, 2012) and paid KRW 50 million out of the construction cost.

H. The Plaintiff is a safety accident on the instant land.

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