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(영문) 수원지방법원안산지원 2014.09.16 2013가단18790
차용금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff wired the Defendant’s foreign exchange bank account (D) with the Defendant’s foreign exchange bank account (D), KRW 15 million on April 2, 2008, KRW 24 million on April 19 of the same month, and KRW 50 million on April 21 of the same month.

B. The Defendant: (a) KRW 24 million on April 19, 2008; (b) KRW 6 million on April 21, 2008; and (b) the same year.

5. 15. 5 million won remitted to F, and on April 22, 2008, the same year;

5. 9.9 million won, and the same year;

6.3.50,000 won, in total, KRW 10,000.

Ultimately, the money that the defendant remitted to E and F is all KRW 45 million.

C. The Defendant remitted KRW 5 million to C account on April 17, 2008.

On April 11, 2008, the Plaintiff introduced earth and sand (hereinafter referred to as “instant construction”) from the Defendant from among G construction ordered by the Mine Construction Business Co., Ltd. (hereinafter referred to as “Magjin Construction Business”), and introduced the instant construction to Dongcheon Construction Co., Ltd. (hereinafter referred to as “Dongcheon Construction”). On April 11, 2008, the Plaintiff entered into a construction contract with 572,000,000 won between Magjin Construction Co., Ltd.

F on April 14, 2008, the construction of this case was sub-subcontracted in KRW 351,000,000 from Cheongsung Co., Ltd., which was subcontracted the construction of this case from Cheongsung Construction, and E participated as a joint and several surety under the above contract.

E. On the other hand, it was settled that, on July 29, 2008, the luminous Construction was paid KRW 30 million to the Gain Construction because the luminous Construction was unable to properly carry out the said construction, and the said earth construction contract was concluded.

[Ground of recognition] The facts without dispute, entry of Gap evidence 2 through 6 (including partial number), the purport of the whole pleadings

2. The plaintiff asserts that the defendant is obligated to pay 50 million won since he lent 50 million won to the defendant, such as the above 1-A, and the defendant asserts that the above money was delivered to F and E as the subcontractor's work price according to the plaintiff's instruction.

Modern, knife.

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