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(영문) 대구지방법원 2020.06.09 2019나7844
대여금
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 10,000,000 and its amount from June 12, 2019.

Reasons

1. Loan credits;

A. The fact that the Plaintiff lent KRW 10,000,000 to the Defendant on June 12, 2017, and KRW 2,000,000 on August 7, 2017, and KRW 10,000,00 on a total, does not conflict between the parties.

(hereinafter “the instant loan”). (b)

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,00,000 and damages for delay calculated at the rate of 12% per annum from June 12, 2019 to the date of full payment, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, following the delivery date of the certified copy of the instant decision of performance recommendation.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the construction was carried out after entering into a construction contract with his father D, and that D was unable to pay part of the construction cost to the Defendant, and the Plaintiff was given priority to lending KRW 10,000 to the Defendant. Since then, the Defendant decided to return the loan of this case to the Plaintiff when the payment of the construction cost was made in full from D.

However, since D did not pay the full amount of the construction cost to the Defendant, the Defendant is not obligated to return the loan of this case to the Plaintiff.

B. 1) On March 15, 2017, the Plaintiff’s father D and the Defendant entered into a contract for construction works with the Defendant on the terms that the F, located in Gancheon-gun E, Chungcheongnam-do, entered into a contract for construction works with the Defendant for the construction cost of KRW 440,00,000 (including value-added tax) and the construction period from March 16, 2017 to May 22, 2017 (hereinafter “instant contract”).

(2) The payment date under the instant contract is as follows.

- Contract deposit: The first intermediate payment of KRW 50,000,000 on March 16, 2017 - the second intermediate payment of KRW 50,000 on April 1, 2017 - the second intermediate payment of KRW 50,000 on April 17, 2017 - the third intermediate payment of KRW 50,000 on May 1, 2017 - The remainder of KRW 3D: 50,000,000 on May 31, 2017; the Defendant of KRW 50,000,000 on March 20, 200; the intermediate payment of KRW 50,000,000 on March 1, 207; the intermediate payment of KRW 50,000 on March 1, 20,000 on March 1, 207; the intermediate payment of KRW 15,017.

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