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(영문) 수원지방법원 2015.06.23 2014가합65338
대여금
Text

1. The defendant shall pay 140,000,000 won to the plaintiff and 20% per annum from June 28, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C (Death on October 17, 2006, hereinafter “the deceased”) and the Defendant maintained D (Death around December 15, 2001) with children between husband and wife, and between them, the Plaintiff, and E.

B. The Deceased and the Defendant concluded a construction contract with H as the construction cost of KRW 230,00,000 (except for design construction cost) on December 8, 1995 and March 14, 1996, for the construction of two buildings on G large-86 square meters (hereinafter “F land”) and 99 square meters (hereinafter “G land”), which are owned by the Deceased. In order to construct two buildings, the Deceased and the Defendant entered into a construction contract with H as the construction cost of KRW 230,00,000 (except for design construction cost) introduced by the Plaintiff on October 18, 1996.

(2) On February 17, 2002, H received KRW 50,000,00 from the deceased and paid KRW 120,000,00 from the deposit money that he leased the said new building, and conducted the instant construction by receiving KRW 50,00,000 from the Plaintiff around February 17, 2002.

C. On January 21, 2002, the Plaintiff paid to I the construction cost of KRW 20,000,000 as construction cost, and KRW 45,00,000,000 in total, around April 19, 2002.

The instant construction project completed the completion inspection after July 12, 2002 due to the delay of the project owner’s payment of the construction cost and due to frequent demand for change in materials and design.

E. After October 19, 2004, the Plaintiff paid KRW 60,000,00 to J, which performed the extension and repair work of the instant construction.

In addition, on October 10, 2004, the Plaintiff paid 30,000,000 won to H as the remainder of the construction cost. In lieu of the payment of part of the construction cost, the Plaintiff paid 30,000,000 won for the design cost, which is the existing claim against H, to H, the total amount of the construction cost under the first construction contract with H was paid.

F. Since then on March 18, 201, G land and its ground buildings were expropriated by K District Housing Redevelopment and Improvement Project Association, and the compensation amounting to KRW 679,935,290 was paid.

On September 6, 2002, the deceased's entries on the date of the writing writing writing (3) extension and payment of repair works shall be extended and made.

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