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(영문) 춘천지방법원 2013.08.28 2013가합492
채무부존재확인
Text

1. The defendant's KRW 115,282,395 for each of the plaintiffs and 5% per annum from January 24, 2013 to August 28, 2013 for each of them.

Reasons

1. Basic facts

A. On February 21, 2011, the Plaintiffs entered into a contract for construction works with the Defendant Company (hereinafter “Defendant Company”) to construct two buildings for the ground-based neighborhood living facilities (hereinafter “instant 1 building” and “instant 2 building”) in Chuncheon City Do Do Do Do Do 2 block 2 on an amount of KRW 1.167.1 million of the contract amount. On August 8, 2011, the Plaintiffs changed the construction amount to KRW 1,155,000,000 of the contract amount, and entered into a modified contract (hereinafter “instant construction contract”).

B. The Defendant Company constructed the instant building Nos. 1 and 2, and obtained approval for use on the beginning of January 2012, and the instant building No. 3 had completed only basic construction work.

C. Of the instant construction cost, if the Defendant Company deducts the amount of offset by itself, the Defendant Company did not receive 28,334,200 of the instant construction cost from the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, witness E's testimony, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserts that (i) the interest on the loan amounting to KRW 51,500,000,000 for the loan to the Defendant Company A and ② the loan amounting to KRW 81,757,80 for the Defendant Company of Plaintiff B, with an interest rate of KRW 6% under the Commercial Act on KRW 7,766,91, totaling KRW 59,26,91,00 for the loan amounting to KRW 81,757,80.

First of all, there is no evidence to acknowledge that the Plaintiff lent money to the Defendant Company as to the Plaintiff’s assertion of interest claim. Thus, this part of the Plaintiff’s assertion is without merit.

(A) According to the statement 7 and 8 of the evidence Nos. 2-7 and 8, the plaintiff may only be recognized to have lent the sum of KRW 30 million on Sep. 12, 2008, and KRW 50 million on Oct. 10, 2008 to F, who is not the defendant company, to F.

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