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(영문) 수원지방법원 안산지원 2018.08.16 2016가합7507
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 200,000,000 as well as the full payment from June 15, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The plaintiff is the representative director C of the parties.

On May 1, 2014, the Defendant established D Co., Ltd. (hereinafter referred to as “D”) for the purpose of building and engineering work, etc., and appointed D’s representative director on July 11, 2014.

B. On June 19, 2015, the Plaintiff, including the details of remittance, remitted KRW 150,000,000 to the deposit account in the name of E, and KRW 200,000,000 to the deposit account in the name of Law FirmF on November 20, 2015.

On the other hand, E completed the registration of ownership transfer for shares of G land 4/19 on December 4, 2015.

C. 1) The Plaintiff and the representative director of C and the Defendant of D’s representative director: (a) drafted a contract form with the content that they contract a new construction work as described in the table 1 through 3 below; (b) on November 28, 2014, the date of drawing up the sequence 1 to 3. On November 28, 2014, the Seoul Jung-gu Seoul Central Government Government (hereinafter “H”) and H and I (hereinafter “one parcel”).

() On January 5, 2015, Jung-gu, Seoul Special Metropolitan City J and K (hereinafter “J”) on January 5, 2015, 620,000 for a newly built multi-household house on the ground.

() On July 3, 2015, Seoul Jung-gu L and M (hereinafter “L”) on July 3, 2015, 490,000,000 for a newly built multi-household house on the ground.

(2) On the other hand, on March 30, 2016, D’s representative director: (a) on the other hand, on March 30, 2016, 1,100,000 2, D’s each letter of waiver of all rights (such as the remaining construction cost and the second defect, etc.) D’s each letter of waiver of all rights (such as the case of subcontract and the second defect) with respect to the construction of a newly built multi-household 3, 2016. The said new construction-related case was written and drawn up as follows: “After the completion of the settlement of accounts, the distribution of profits is correct and correct.”

[Ground of recognition] Facts without dispute, Gap's entry into Gap's 1 to 3, 5, and 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

(a)the Parties;

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