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(영문) 부산지방법원 2014.04.30 2013가합47289
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from February 25, 2014 to April 30, 2014.

Reasons

1. Determination on the main claim

A. The Plaintiff’s assertion (1) necessary to conclude the instant contract with C, and upon receiving a request from C to lend the Plaintiff’s business registration name, C lent the Plaintiff’s business registration name, and C concluded the instant construction contract with the Defendant in the name of the Plaintiff.

(2) Parties to the instant contract are C and the Defendant, and the Plaintiff is not a party, and does not bear any obligation under the instant contract.

(3) Even if the Plaintiff is a party to the instant contract, the Plaintiff is merely a nominal lender, and the Defendant is well aware that the Plaintiff is a nominal lender, and thus, the Plaintiff does not bear obligations under the instant contract in this respect.

(b)In full view of each entry and the whole purport of the arguments in the evidence Nos. 1 to 4, 9, 11, and 14 (including each number; hereinafter the same shall apply) of the facts of recognition, the following 1 to 7 facts may be recognized:

① On March 23, 2012, the Plaintiff registered the Plaintiff’s business with the trade name D, as the type of business construction business and the type of chronology.

② On May 20, 2013, the Defendant entered into the instant contract with C and C as the contractor, and the details thereof are as follows:

- Official name: B remodeling project - Construction period: Busan: May 20, 2013 - Construction period: - July 31, 2013 (70 days) - Amount of construction: 200 million won per day (Article 200,000,000): the contract date: the date of contract: 10% of the amount scheduled for payment (unit: 10% of the contract deposit) on May 20, 2013.

5. 22.22.00,000 Advance payments 20%

3. 44,000,000 intermediate payments by 25%

6. 55,000,000 intermediate payments by 25%

7. 1. 55,00,000 20% of the total amount of 55,000,000 is 1/24,000,000,000 after the issuance of the Policy of Policy of Policy of Policy of Policy of Policy of Policy of Policy of Policy of Policy of Implementation (Defect) within seven days, and 1/24,00,000 [basic matters] 1/24,00,000 after issuance of the Policy of Policy of Policy of Policy of Policy of Policy of Policy of Policy of Policy

Section 2. This Agreement.

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