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(영문) 대구지방법원서부지원 2019.02.21 2017가합52478
대여금
Text

1. Defendant (Counterclaim Plaintiff) Company B and Defendant D jointly and severally with the Plaintiff (Counterclaim Defendant) 126,386.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant Company B (hereinafter “Defendant Company”) is a company established to carry on specialized mechanical equipment and fire-fighting system installation business, etc., and Defendant D is a representative of the Defendant Company.

The Plaintiff is a real master of E (hereinafter referred to as “E”) established to run incidental sports facilities business, etc., such as health training, sports sports, and so on.

B. On October 5, 2015, E entered into a construction contract with F Co., Ltd. (hereinafter “F”), with the purport that F would build a new building on the Daegu-gu G or H ground (hereinafter “instant building”). F commenced around October 15, 2015.

C. On February 18, 2016, E entered into a contract for a construction project with the Defendant Company to enter into a new facility and fire-fighting construction contract (hereinafter “instant contract for construction project”) with the content that the construction cost of the facility and fire-fighting construction necessary for the new construction of the instant building shall be KRW 50 million (including value-added tax) and November 15, 2016 on the date of completion of construction. (2) On May 18, 2016, E entered into a contract between the Defendant Company and the Defendant Company for a construction project to add fire-fighting electrical installation works to the scope of the said contract for construction project and increase the labor cost and incidental expenses, etc. to the contract amount of KRW 584.1 million (including value-added tax).

In this regard, the Plaintiff procured major materials necessary for the Corporation, and the Defendants supplied necessary human resources and subsidiary materials to the Corporation and received the payment.

1) The Plaintiff and the Defendants: (a) on January 25, 2017, the Plaintiff and the Plaintiff borrowed KRW 30 million from the Plaintiff on April 24, 2017 with the due date set by the Defendant Company as the repayment date set by the Plaintiff on April 24, 2017; and (b) Defendant D with the purport that the Plaintiff is a joint and several surety for the Defendant Company’s above loan obligations (hereinafter “instant first loan certificate”).

2) draw up. 2)

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