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(영문) 광주지방법원순천지원 2015.01.14 2014가합11070
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 177,085,662 and the amount of KRW 116,905,774 from March 28, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant Company B (contractor) is the owner of the instant loan as land owned by Incheon Jung-gu D and EF between March 2009 and C (contractor) around March 2009.

Although the relationship between F and C is not clear, the relationship between F and the contractor is the relationship between B and the subcontractor, and other subcontractors such as B are considered to have received the sub-subcontract from C.

From November 209 to January 20, 2010, the construction period for the construction of electricity, facilities, and interior and exterior finishing construction among the new construction of a multi-household (hereinafter referred to as “instant sub-household”) was determined as KRW 457,200,000 of the construction amount (excluding value-added tax) and entered into a subcontract.

B. B and other subcontractors completed the instant construction of the instant loan, but did not receive the construction cost properly.

Accordingly, the owner F completed the registration of ownership transfer by payment in kind to the subcontractor, such as B, etc., and the subcontractor, such as B, etc., decided to obtain a loan from a financial institution as security at the same time as the registration of ownership transfer.

On November 25, 2010, the day following the loan of this case, the registration of the creation of superficies on the loan site of this case was terminated and opened thereafter, and on December 9, 2010, the registration of the creation of mortgage on the site of this case was terminated, and on December 9, 2010, the registration of the establishment of mortgage on the site of this case was terminated (the full certificate of the registration No. 8-1) and B, as to the loan of this case between November 17, 2010 and November 24, 2010, the owner of this case and the subcontractor sent by e-mail a document, which appears to be a payment plan for the above collateral obligation to the owner of this case and the subcontractor of this case (Articles 9 and 10). In light of the provision of part of the construction price as a substitute payment between the owner F and the subcontractor of this case, the subcontractor of this case shall be appropriated to the construction price and some remainder of the subcontractor of this case shall be appropriated to the construction price.

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