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(영문) 대전지방법원 2015.12.04 2015가단17996
대여금
Text

1. The Defendant Limited Partnership Company C’s KRW 56,170,462 as well as its annual interest from May 28, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On May 22, 2012, Defendant B sold approximately 493 square meters to D, Seosan-si, and D decided to newly build a collective housing on the said site. Defendant B filed an application for a construction permit for a collective housing under the name of “F”, and Defendant B entered into a contract with Defendant Limited Partnership C (hereinafter “Defendant C”) on the new construction of a collective housing under the name of Defendant B.

B. Defendant C subcontracted part of the new construction work of a multi-family housing to G, and G requested the Plaintiff operating H to lease the temporary site, and the Plaintiff, who is likely to be entitled to the payment of the temporary site rent, demanded that G enter into a contract under the name of Defendant B, the owner of the building.

C. Since August 30, 2013, G requested Defendant C to prepare a contract in the name of Defendant B on temporary lease. around August 30, 2013, Defendant C transferred to G the temporary re-lease agreement in which the lessee and Defendant C entered as a joint and several surety and the seal of Defendant B was affixed, and G delivered it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, witness D's testimony, purport of whole pleading

2. Determination as to the claim against the defendant B

A. As to whether Defendant B entered into a temporary re-lease agreement with the Plaintiff, in light of the following: (a) appraiser I has appraised that the number of the seals in Defendant B’s name in the temporary re-lease agreement differs from that in Defendant B’s personal seal impression; (b) there is insufficient evidence to acknowledge that Defendant B entered into a temporary re-lease agreement with the Plaintiff; and (c) there is no evidence to acknowledge otherwise.

Meanwhile, the Plaintiff asserts to the effect that, as Defendant B delegated all the authority regarding the construction of a building to Defendant B, the authority to conclude a temporary re-lease agreement is also delegated. However, the Plaintiff delegated Defendant B with the authority to file a building permit and conclude a contract with Defendant C.

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