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(영문) 전주지방법원 2016.06.03 2013가합8679
대여금 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 172,093.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, a business that newly constructs and expands and sells studio buildings, etc., supplied materials to be used for each of the above construction works, as follows: (a) construction work for studio buildings (Provided, That the Nos. 7 below is a construction work for detached houses) (hereinafter referred to as “construction work for the instant building”; and (b) the Defendant supplied materials to be used for each of the above construction works.

(1) On December 2, 2011, 201, the date of approval for the use of the date of the commencement of the construction site of the construction site of the 1st century, Seojin-gu, Seojin-gu, Seoul on May 26, 201, Seoul on December 26, 2011, Jin-jin-gu, Seoul on May 12, 201, Seoul on May 14, 201, 201, Jin-jin-gu, Seoul on May 14, 2010 on the ground E on May 15, 2010, Jin-gu, Seoul on April 4, 201, 10 on August 25, 2011, 10, Jin-gu, 201 on July 3, 20, 2017, Jin-jin-gu, Seoul on August 30, 2011 on the ground before the 20th of December 10, 20197

From April 8, 2010 to March 22, 2013, the Plaintiff lent a total of KRW 435,010,000 to the Defendant without fixing the due date (hereinafter “instant lending”).

From July 12, 2010 to November 18, 201, the Defendant repaid to the Plaintiff KRW 199,00,000 out of the above loans.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 3 through 10, and 24 (including virtual numbers), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the loan in this case incurs a delay liability from the time of receiving a claim for performance as it is not determined due date. Thus, the defendant is obligated to pay the plaintiff the amount of 236,010,000 won (=435,010,000 won - 199,000,000 won) not paid out of the loan in this case and the delay damages from the day after receiving a claim for performance. 2) The plaintiff is obligated to pay the loan in this case to the defendant, except under special circumstances.

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