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(영문) 광주지방법원해남지원 2016.10.12 2016가합3083
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 4, 2013, the Plaintiff received a contract for the instant construction work from Defendant B (hereinafter “instant construction work”) by setting the construction cost of KRW 11 billion (excluding value-added tax) and the construction period from November 15, 2013 to January 31, 2015.

(B) No. 1). During January 2014 after the course of the construction project under Article 2 (banking Loan Business), when Defendant B is proceeding with the banking and credit guarantee work, and when a bank ought to maintain its equity capital, the bank shall meet the Plaintiff’s loan (the amount shall be determined by the bank). The construction cost incurred in addition to the down payment under Article 4 (Payment of Construction Costs) shall be paid for each term after the loan of the bank is completed.

In principle, construction expenses shall be disposed of as much as possible in consultation with the bank.

Any balance remaining after completion shall be paid within 15 days after the approval for additional loans by a bank.

B. Meanwhile, Defendant B intended to obtain a loan from a financial institution as required for the instant construction project from a financial institution, and, if the financial institution intends to obtain such loan, the owner of the instant construction project could obtain a loan equivalent to the remaining ratio of the total construction price by securing a certain ratio of money as determined by the

Upon entering into a contract, the Plaintiff and Defendant B agreed to lend money equivalent to their own capital to Defendant B in order to create the same appearance as securing the necessary own capital in obtaining the money used for the construction cost of this case from financial institutions (Evidence B) with the following special terms and conditions set forth (Evidence B) as follows:

C. On April 10, 2014, the Plaintiff received a loan certificate with the following contents and paid KRW 1,528,948,657 to Defendant B (the amount calculated by subtracting the Defendant’s discount charge of KRW 16,505,88 from the KRW 1.6 billion and the value-added tax of KRW 54,545,455 from the value-added tax). Defendant C guaranteed Defendant B’s debt.

(A) evidence Nos. 2, 5-1 through 3). Defendant .

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