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(영문) 제주지방법원 2017.12.07 2014가합3449
대여금
Text

1. The defendant shall pay 1,876,70,000 won to the plaintiff and 0.1% per day from August 9, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On August 19, 2010, the Defendant (the Defendant’s wife conducted a legal act on behalf of the Defendant; hereinafter the same shall apply) purchased from five persons, including D, etc. a total of 21,490 square meters of land E in Seopo-si, Seopo-si, E (hereinafter “instant land”) at KRW 1.72 billion, and completed the registration of ownership transfer in the future.

B. The Defendant promoted a new construction of “F hotel” (hereinafter “the instant hotel”) on the ground of the instant land, and came to know H, the representative director of the Plaintiff (a mutual G Co., Ltd. before the change; hereinafter “Plaintiff”) through the Marind D.

As a result, the Defendant concluded a construction contract (hereinafter “construction contract”) with J Co., Ltd. (hereinafter “J”) in which H’s wife I was the representative director; on January 6, 2012, with the content that construction works among the instant hotel construction works are “10.78 billion won (including value-added tax)”; and “from January 31, 2012 to November 30, 2012 during the construction period (hereinafter “construction contract”); and on October 18, 2012, the interior works among the instant hotel construction works are “34.5 million won (including value-added tax)”; and each contract for construction works from January 2, 2013 to March 31, 2013” (hereinafter “the term “construction works”).

C. On April 21, 2014, the Defendant entered into an additional contract between the Plaintiff and the Plaintiff with H as the representative director with the content of concluding the instant construction contract stipulating that “3 billion won for construction work (including value-added tax)” and “from April 25, 2014 to July 31, 2014, the instant construction contract” (hereinafter referred to as the “instant construction contract”) shall be additionally entered into between the Plaintiff and the Plaintiff with H as the instant representative director, with the content that the external swimming pool and ancillary civil engineering works are “3 billion won for construction work (including value-added tax)” and “from April 25, 2014 to July 31, 2014.”

The Defendant is a construction work contract and a construction work contract between J and the newly constructed hotel in the course of the instant hotel construction work.

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