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The plaintiff's claim that the court changed in exchange is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
Reasons
1. Basic facts
A. D is a person who runs a construction business with the trade name of “F” from September 7, 2004 to “F”.
B. D, around 2005, performed the construction of a window in Pyeongtaek-si G apartment H (the registration of ownership transfer was made in the name of the defendant's words C; hereinafter "the apartment of this case") in which the defendant actually owned by the defendant to the defendant, and proposed that he promote the mold and attracts customers by using it as the "Gugging house", and the defendant accepted it.
C. Accordingly, D around that time, and around that time, leased the instant apartment in the construction contract and the instant apartment in the face of KRW 52 million with the Defendant to receive a contract for the installation of a foundation for the apartment in the instant case from the Defendant, but the amount of KRW 32 million out of the security deposit was entered into a lease contract to substitute the payment with the above security for the construction payment (hereinafter “instant lease contract”), and paid the remainder of the security deposit to the Defendant.
D On April 28, 2005, after the expiration of the term of validity of the instant lease agreement, D was returned only KRW 39 million out of the deposit from the Defendant, and the Defendant and C around that time, prepared a cash storage certificate stating that “I will pay the said amount by December 30, 2006, the deposit was returned on April 28, 2005, and the remaining KRW 30 million was returned until December 30, 2006,” and “I will pay the said amount by December 30, 2006.”
(hereinafter referred to as “instant claim”) e.g., a claim based on the foregoing letter and cash storage certificate.
The Defendant, through I, added to D KRW 40,00,000 on June 16, 2010, KRW 1000,000 on March 30, 201, KRW 100,000 on April 30, 2011, KRW 100,000 on May 31, 201, KRW 100,000 on June 30, 201, KRW 100,000 on July 31, 201, KRW 100,000 on August 31, 201, KRW 100,000 on October 28, 201, and KRW 7,400,000,000, including KRW 1 million.