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(영문) 부산지방법원동부지원 2019.01.16 2018가단1409
양수금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff worked as a director (not a registered director) at C Co., Ltd. (hereinafter “Nonindicted Company”) which conducts interior construction business, etc., and is between the Defendant’s wife and the university motive.

B. 1) On behalf of the non-party company, the Plaintiff entered into a construction contract between the non-party company and the Defendant with the Defendant on July 15, 2016, with respect to the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior of “D” operated by the Defendant, with the construction cost of KRW 1.1 billion (excluding value-added tax) and the construction contract between July 15, 2016 and August 31, 2016 (hereinafter “instant construction contract”).

(2) On October 31, 2016, the non-party company entered into an additional construction contract with the Defendant for the construction cost of KRW 11 million (including value-added tax) and the construction period from November 1, 2016 to November 10, 2016.

3) From July 1, 2016 to April 20, 2017, the Defendant deposited KRW 1.025 billion in total with the account held in the name of the non-party company. 4) On December 29, 2016, the Plaintiff borrowed KRW 99,728,719 from the E Co., Ltd. on the security of the apartment owned by the mother, and transferred KRW 99,728,719 to the non-party company’s account on the same day.

5) The Plaintiff received KRW 3 million from the Defendant’s wife on April 12, 2017. (c) The Plaintiff and the Nonparty Company sent to the Defendant, on March 3, 2017, a letter verifying the content that “if the Plaintiff and the Nonparty Company fail to repay the construction cost by March 10, 2017, the Plaintiff sent to the Defendant a letter verifying the content that “if the Plaintiff and the Nonparty Company sent to the Defendant on March 3, 2017, KRW 1.221 billion (including additional tax) of the royalties that took place from June 1, 2016 to September 30, 2016, excluding the fixed amount of KRW 975 million (including additional tax) and the fixed amount of KRW 2.46 million,6 million of the remainder of the construction work, the amount of which would not be repaid by March 10, 2017.”

2 On April 21, 2017, the non-party company sent a certification of content as of March 3, 2017, which was KRW 1.1225 million, out of the amount of 1.22 billion construction work, to the defendant again on April 21, 2017, and after the defendant sent the certification of content as of March 3, 2017, KRW 40 million, and April 20, 2017.

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