logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.12.18 2018가합107682
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 1, 2013, the Defendant (formerly: C) entered into a contract to implement a general industrial complex development project (hereinafter “instant implementation service contract”) with D Co., Ltd. (hereinafter “D”) and the total business cost of KRW 18.74 billion in official city, E Co., Ltd. (hereinafter “instant project”).

B. On February 4, 2013, the Plaintiff remitted KRW 150 million to the F’s account of the representative director of D in the name of the Defendant, and D, on February 1, 2013, the transferor, the Defendant as the other party, to pay KRW 150 million up to July 1, 2013. However, if the instant project is not carried out, the Plaintiff prepared a letter of loan with the intent to jointly and severally repay the F and GD’s managing director within 10 days upon the creditor’s request for return.

C. On April 15, 2013, the Plaintiff deposited KRW 50 million from the Plaintiff’s account and issued three copies of KRW 10 million check and KRW 20 million, respectively, and then delivered KRW 40 million to H, the representative director of the Defendant.

On the same day, the defendant delivered D with three copies of the KRW 10 million check and ten copies of the KRW 10 million check. D with the defendant as the other party, the defendant shall pay the above KRW 40 million up to September 1, 2013. However, if the business of this case is not carried out, the defendant prepared a letter of loan with F and G to promise to repay within 10 days jointly and severally with D at the time of the creditor's request for return.

On June 4, 2013, the Plaintiff remitted total of KRW 300 million to H’s account.

The defendant again remitted 300 million won to the F's account on the same day, and D shall repay the above 300 million won to the defendant as the other party to the contract until December 31, 2013, but if the business of this case is not in progress of the business of this case, F and G shall, at the time of the creditor's request for return, promise to repay within 10 days jointly with D, respectively.

arrow