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(영문) 수원지방법원안양지원 2015.09.18 2014가합2148
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) the Plaintiff loaned a total of KRW 245,000,000 to the Defendant’s new construction of the building over 15 times from May 15, 2012 to November 13, 2012; and (b) was paid only KRW 110,00,000; and (c) the Defendant is liable to pay the remainder of the Plaintiff’s loan KRW 135,00,000 and damages for delay.

B. The Defendant’s assertion amounting to KRW 245,00,000,000, which the Defendant borrowed from the Plaintiff during the above period, is limited to KRW 110,000,000, and the remainder of KRW 135,000,000, which the Defendant introduced and received from the Plaintiff as an architect so that the Plaintiff as a constructor can receive a contract for construction work from the owner. Thus, the Defendant cannot accept the Plaintiff’s claim for loans. Even if the above amounting to KRW 135,00,00,000 constitutes loans.

Even if the defendant paid 50,000,000 won in addition to KRW 110,000,000, the defendant is obligated to pay only the deducted amount.

2. Comprehensively taking account of the descriptions and results of the Defendant’s new construction of KRW 0.0, KRW 00, KRW 200, KRW 000, KRW 200, KRW 000, KRW 10,000, KRW 10,000, KRW 200, KRW 00, KRW 200, KRW 200, KRW 13,000, KRW 10,000, KRW 20, KRW 200, KRW 20, KRW 200, KRW 20, KRW 10, KRW 13,000, KRW 5,000, KRW 20, KRW 20, KRW 200, KRW 16, July 16, 2012; and

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