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(영문) 서울고등법원 2017.06.22 2016나2085522
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The Plaintiff is the representative of H established on April 24, 2012 (the trade name was changed to L around February 2016; hereinafter “H”).

The defendant is the representative director of F Co., Ltd. (hereinafter referred to as "F") established on December 27, 2010.

The Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) entered into a loan trust agreement with the Ministry of National Defense, which is the management office of the land lot C in Jung-gu, Daejeon (hereinafter “the instant land”) owned by the Republic of Korea in 2011 with respect to the promotion of the State-owned property trust development project of Korea. The Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) acquired the ownership of the instant land by acquiring the complex construction of the instant land (hereinafter “instant building”) by acquiring the ownership of the instant land for twenty (20) years, and acquired the trust fees from the profits accrued from the lease of the instant land, and entered into a loan trust agreement with the purport of devolving the remaining profits to the Ministry of National Defense (hereinafter “instant

(hereinafter referred to as “the instant project” (hereinafter referred to as “instant project”). A land trust for the conclusion of a construction supervision contract is a contractor; H representative, the Plaintiff, Edi Partners Certified Partnership Certified Architects (hereinafter “Edi Partners”), I representative M, four others, and Han Tan Fire Fighting Co., Ltd. (hereinafter “Korea Tan Fire FightingN”) was concluded on November 5, 2012 on the construction supervision services for the instant building constructed in a single source of land.

(hereinafter “instant supervision agreement”). The instant supervision agreement is accompanied by a joint supply and demand agreement under the name of the contractor, and Article 3 of the supervision agreement of the instant case is paid to H, a representative of the joint supply and demand organization under the joint supply and demand agreement.

Article 8 of the joint supply and demand agreement refers to the instant account with H below the national bank account under the name of the Plaintiff (H).

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