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(영문) 인천지방법원 2019.05.02 2017가단7506
대여금등
Text

1. The Defendants amounting to KRW 60,000,000 for each Plaintiff and KRW 15% per annum from May 3, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On October 26, 2011, Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) entered into a collective housing project agreement with the Defendant, etc. to newly construct and sell ten and 80 households of urban residential housing units with the Defendant, etc. on the land, Echeon-si F, etc. (hereinafter “instant land”).

B. However, while the non-party company was unable to receive the construction cost from the defendant, etc., it was prepared and delivered by the defendant D who referred to as the representative of the defendant B, C, and non-party H (hereinafter "the defendant, etc.") on December 12, 2016. The main content is "(10 million won of the construction cost and 20 million won of the loan, 50 million won of the completion cost, 10 million won of the loan, 10 million won of the loan, 360 million won of the loan, 50 million won of the loan, 10 million won of the loan, 20 million won of the remainder of the loan, 50 million won of the construction cost, 50 million won of the loan, 50 million won of the completion cost, 1 million won of the loan, 2.5 million won of the loan, 1 million won of the loan, and 1.6.1.6 billion won of the loan, 3.6 billion won of the building in lots."

C. On December 20, 2016, Defendant C transferred KRW 200,000,000 to the J bank account (Account Number K) in the Plaintiff’s name and paid the Plaintiff.

The plaintiff has already won the lawsuit against the defendant B seeking the payment of KRW 100 million, which appears to be a part of the amount indicated in the statement of payment in this case.

(This Court 2017da1850, 2017Na4690, 2018da42132, Supreme Court 2018Da42132, . [Grounds for Recognition] . [This Court 2017dada1850, 2018Da42132] A, Gap evidence 1 to 14, and Eul evidence 1 to 4, respectively.

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