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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 27, 2012, the Defendant entered into a subcontract agreement (hereinafter “instant contract for construction”) with Echina Construction Co., Ltd. (hereinafter “Echina Construction”), a contractor of Echina New Construction (hereinafter “Echina Construction”), Nam-gu, Incheon, Nam-gu, Incheon, on January 27, 2012, the Defendant entered into a contract for the subcontracted construction (hereinafter “instant contract”) stating that electrical construction during the instant construction will be supplied from Echina Construction on January 27, 2012, the date of commencement, January 27, 2012, and March 31, 2012 as of January 27, 2012, the date of completion, and March 31, 2012.
B. From January 20, 2012 to May 20, 2013, the Plaintiff transferred each of the following amounts (hereinafter “each of the instant amounts”) to D’s account.
The amount of the transfer date (won) 1 January 20, 2012. 4,00,000 on February 5, 2012; 380,000 on February 5, 2012; 380,000 on February 15, 2012; 5,000,000 on February 1, 200 on February 20, 2012; 5,800,000 on February 20, 200 on February 21, 2012; 18,200,00 on March 23, 200 on March 12, 2012; 5,000,000,000 on June 14, 200,008; 10,000,000,000,000,008 on May 10, 2013; 308,010
2. The plaintiff's assertion and judgment
A. 1) The Plaintiff asserted that the Plaintiff is the Defendant’s on-site agent during the period from January 20, 2012 to May 20, 2013, as the Defendant’s on-site agent, and the Defendant’s subcontracting work under the instant construction contract (hereinafter “instant construction work”).
(2) As for each of the instant loans, the Defendant loaned each of the instant loans to the Plaintiff at 6.7% per month on the date indicated in the foregoing table as expenses. Accordingly, the Defendant paid 30% per annum from May 20, 2013 to July 14, 2014, with interest rate of KRW 79,081,147 [the agreed amount calculated at the rate of 30% per annum from each of the above loans to the next lending date: KRW 20,701,147] and the above amount of KRW 58,380,00 from each of the above loans to the next lending date] and the amount of KRW 58,380,00 from the next lending date to the next lending date.