(영문) 전주지방법원군산지원 2020.11.05 2020가합65

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(영문) 전주지방법원군산지원 2020.11.05 2020가합65

대여금

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1. The defendant shall pay to the plaintiff 651,00,000 won with 12% per annum from January 10, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant received a subcontract for D Corporation (hereinafter “the instant Corporation”) from C Co., Ltd. (hereinafter “C”), but failed to receive the construction cost for the instant Corporation.

Accordingly, the Defendant filed a lawsuit against C against the Incheon District Court 2018Gahap52319 (hereinafter “instant civil case”), and on August 7, 2018, “C in the instant civil case,” the content that the Defendant would pay KRW 3.7 billion to the Defendant by December 31, 2018 (hereinafter “instant conciliation”).

B. From November 2016, the Plaintiff provided a loan to the Defendant for the money necessary to carry out the instant construction work. On September 17, 2018, the Plaintiff drafted a written agreement containing the following: “The Defendant and the Defendant recognized that the amount borrowed from the Plaintiff in connection with the instant construction work is KRW 651 million; and the Defendant immediately received construction payment from C in connection with the instant civil case, immediately after receiving the construction payment from C, paid the said loan to the Plaintiff.” On the same day, a notary public entrusted the preparation of a notarial deed to the E-Dong Law Office, and drafted a notarial deed concerning the said content (hereinafter “notarial deed 1”) under Article 1847 of the 2018 Deed.

The main contents of the notarial deed No. 1 of this case are as follows.

The plaintiff and the defendant shall agree on the amount of loans and interest on loans that the plaintiff lent to the defendant in relation to the instant construction works as follows:

C. The Defendant recognized KRW 651,00,000 as the principal that the Plaintiff lent to the Defendant in relation to the instant civil case, and the Defendant shall pay the said loan preferentially to the Plaintiff immediately after receiving the construction cost from C in relation to the instant civil case.

The amount equivalent to 15% of the remainder of the money that the Defendant received from C under the instant protocol of mediation is equivalent to the principal under paragraph (1) above.

유사 판례

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