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(영문) 수원지방법원 2019.12.19 2019가합13073
대여금 반환 청구
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 4,093,964,857 and as a result, from January 31, 2019 to April 5, 2019.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “Plaintiff”) is a company with the purpose of housing construction business, etc.

Defendant C Co., Ltd. (formerly: E Co., Ltd.; hereinafter “Defendant Co., Ltd.”) is a company with the objective of building and engineering work, etc.

B. Around 2016, Defendant Company and F Co., Ltd. (hereinafter “F”) concluded with the Plaintiff Company a land trust agreement (hereinafter “instant trust agreement”) with the content that the Defendant Company and the Plaintiff Company will undertake the business of newly constructing and selling multi-family housing of 20 stories underground and 20 stories above ground (hereinafter “instant business”). On November 18, 2016, the Defendant Company entrusted the instant business to F as a truster and beneficiary, and that the Plaintiff Company will undertake the construction of the instant multi-family housing (hereinafter “instant construction”).

C. On February 1, 2017, pursuant to the instant trust business agreement, the Plaintiff Company and F entered into a contract under which the construction period was determined as KRW 28 months from the date of submission of the commencement date of construction and the construction cost of KRW 68,623,101,601 (including value-added tax) and that the instant construction works were contracted to the Plaintiff Company (hereinafter “instant contract”).

The Plaintiff Company, while proceeding the instant construction project in accordance with the instant contract, filed a claim for payment for completed portion with F as stated in attached Table 1, and received KRW 32,936,392,125 from F in total, one to nine times of payment for completed portion.

E. Meanwhile, the Daegu District Court rendered a decision to commence rehabilitation procedures for the Plaintiff Company as of December 19, 2018, as of December 2018, 2018, and appointed the Plaintiff as the manager of the Plaintiff Company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. 1) Evidence Evidence Nos. 3, 5-7, 10-12, 14, 15, and evidence Nos. 3, 5, and 6 (if any, with a serial number) in the aforementioned evidence

each entry and pleading of the Commission.

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