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(영문) 대구지방법원 안동지원 2018.10.04 2016가합315
공사대금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 245,00,000 and each Defendant B from April 1, 2016 to December 28, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is operating the interior interior interior decoration construction business with the trade name of “D”. 2) E newly constructs and sells 2 5-story Ba-Ba (hereinafter “instant Ba-Ba”) on the ground of the F, Gyeongbuk-gun, Gyeongbuk-gun, and 1 parcel (hereinafter “instant Do-dong”).

Afterwards, E transferred the instant business to Defendant B around January 2015, and accordingly, Defendant B changed the owner of the instant loan to his own name.

B. Defendant C loaned KRW 33,500,000 to Defendant B, at the request of Defendant B, Defendant C lending the construction cost of the instant loan, and around January 16, 2015, Defendant C lent KRW 150,000 to Defendant B until March 28, 2016. At the time of January 16, 2015, the Defendants agreed to provide Defendant C with the instant loan site and the instant loan site as collateral for the said loan obligation. Accordingly, Defendant C agreed to provide Defendant C with the instant loan site and the instant loan site as collateral for the said loan obligation. Accordingly, Defendant C completed the registration of ownership transfer on January 21, 2015, under the name of the owner of the instant railroad, in the name of the Gyeongcheon-gun, the Gyeongcheon-gun, the instant loan site of this case, KRW 443 square meters, KRW 895 square meters, KRW 47,47,000,000.

3) On June 10, 2016, Defendant B: (a) borrowed KRW 430,00,000 from Defendant C on January 16, 2015; (b) paid KRW 150,000,000 out of June 30, 2016 to Defendant C; and (c) written a notarized deed stating the purport of acceptance of compulsory execution (No. 293, 2016 between the Plaintiff and the Defendants) (a construction contract between the Plaintiff and the Defendants). The Plaintiff was prepared and delivered between the Plaintiff and the Plaintiff on July 2, 2015, between the Defendant B and the Plaintiff on behalf of Defendant C, KRW 30,00,00,000, and KRW 280,000,000 until July 30, 2016, and the Defendants paid KRW 330,300,000,000, additional construction cost, and construction supervision amount between the Plaintiff and the Plaintiff.

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