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(영문) 대구지방법원 2019.06.19 2018나317254
대여금등
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

3...

Reasons

1. Basic facts

A. The Defendant is a juristic person established to carry out the E-Housing Reconstruction Improvement Project (hereinafter “instant project”) at the KRW F land level in Daegu Northern-gu.

B. In order to facilitate the instant project, the Defendant borrowed a total of KRW 30 million from the Plaintiff Company A (hereinafter “Plaintiff”) on February 15, 2007, including KRW 20 million, and KRW 30 million on July 24, 2007, and borrowed KRW 20 million from the Plaintiff Company C (hereinafter “Plaintiff C”) on February 15, 2007 and KRW 30 million on July 23, 2007, respectively.

C. On June 17, 2008, at the request of the Defendant, the Plaintiffs prepared each appraisal report on the instant land for the instant business, and delivered it to the Defendant. Accordingly, the Plaintiffs each of the appraisal fees of KRW 4,491,300 for Plaintiff A and KRW 4,420,90 for Plaintiff C were generated.

After that, on August 31, 2018, the Defendant entered into a contract for construction works with G Co., Ltd. selected as the contractor and the instant project.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 6 (including each number; hereinafter the same shall apply)

(iii) evidence Nos. 1 through 3, Eul’s evidence No. 4, the purport of the whole pleadings

2. The party's assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff A 34,491,300 won ( = loan 30,000,000 won + 4,491,300 won + appraisal commission 4,491,300 won) and the appraisal commission 4,491,300 won among them from November 7, 2017, the day following the day on which a copy of the complaint of this case is served, and 30,000,000 won from October 1, 2018 to the day of full payment.

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