(영문) 서울고등법원 2015.02.12 2014나29614

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(영문) 서울고등법원 2015.02.12 2014나29614

약정금반환 등

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article, and thus, this part of the judgment is cited in accordance with the main sentence of Article 4

2. The parties' assertion

A. 1) The Plaintiff and the Defendant agreed to convert all the amounts already paid or to be paid by the Plaintiff A to the Defendant as the construction cost and operating expenses into the Defendant’s loan obligations against the Plaintiff. 2) The Plaintiff granted to the Defendant a bill of exchange equivalent to KRW 280 million in total for construction expenses and KRW 230 million in total.

According to the agreement of this case, the defendant bears the obligation to borrow the amount of KRW 510 million (=280 million +230 million +) to the plaintiff A in accordance with the agreement of this case.

3) The Plaintiff A transferred KRW 200 million out of the claim amounting to KRW 510 million to Plaintiff B. The Defendant is obligated to pay KRW 310 million to Plaintiff A and KRW 200 million to Plaintiff B, respectively. Meanwhile, the Defendant was paid KRW 240 million for the construction cost prior to the preparation of the instant written agreement.

The defendant is obligated to pay at least KRW 40 million to the plaintiff A and KRW 200 million to the plaintiff B, respectively, within the scope of the above KRW 240 million.

B. Defendant’s assertion 1) The fact that the Plaintiff received total of KRW 240 million from D and the Plaintiff before and after the instant agreement, and the fact that the Plaintiff received bills worth KRW 230,000 from the Plaintiff as before and after the instant agreement. However, the Defendant’s loan obligations owed to the Plaintiff pursuant to the instant agreement are limited to KRW 230,000,000 delivered to the Plaintiff as a promissory note, and the said loan obligations are already repaid.

3. The above KRW 240,000,000 which the Defendant received prior to the preparation of the instant written agreement was paid as the construction cost, and is not the Defendant’s loan to the Plaintiff A.

3. Determination

A. All of the funds that the Defendant received from the Plaintiff A in connection with the instant construction project.

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-민사소송법 제420조

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