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(영문) 서울남부지방법원 2017.08.24 2016가합4083
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Based facts, the plaintiff of the parties concerned is a company that conducts housing construction business, etc., defendant A company that conducts indoor construction business, etc., and defendant B is the representative director of defendant A.

With respect to the new construction project of D Apartment 250 households in Jeonju-si, the Plaintiff and Defendant A entered into a construction contract as a contractor, and Defendant A entered into a construction contract and carried out the construction project.

The Plaintiff’s preparation of a loan certificate, and the issuance of a tax invoice to Defendant A shall pay to Defendant A the sum of KRW 150 million on December 30, 2015, KRW 162 million on January 14, 2016, KRW 330 million on January 15, 2016, and KRW 330 million on January 15, 2016 (hereinafter “instant money”). The Plaintiff drafted a loan certificate on January 15, 2016, and the main contents thereof are as follows.

The amount of the loan certificate shall be KRW 30,000,000,000,000,000,000,000,000,000,000 for the loan certificate, the debtor B and C Co., Ltd. (Representative B) shall be borrowed under the following terms:

-A loan amount: Three-one percent (including one hundred million won which was used on December 30, 2015) of the loan period: The interest paid on January 15, 2016 to April 14, 2016: 2 percent (the second day of each month) of the month;

(4) Security: A repayment method of beneficial interest certificate (130%) 5: A repayment method of the above-mentioned 4) shall be made preferentially with the sale price of the apartment housing of 11 households (the first generation) located outside and two parcels of land, Dongcheon-si, Gyeonggi-do.

6. On January 15, 2016, the borrower, as of the date of borrowing: B, the representative director B, and the defendant A, on the other hand, issued an electronic tax invoice with respect to the Plaintiff, stating that the Plaintiff “former Apartment Construction Corporation” was an item, with the exception of KRW 5 million, which is a part of the money paid in January 15, 2016, as of January 15, 2016.

The Plaintiff and Defendant A agreed to suspend the construction work around February 19, 2016.

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