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(영문) 서울중앙지방법원 2020.07.03 2018나76172
공사대금
Text

1. The part of the judgment of the court of first instance against the defendant (appointed party) shall be revoked, and the part shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the construction business, etc. under the trade name of “E,” and the Defendant is the representative director of the selected company, and the selected company is a company that runs the equipment construction business, the pumps sale business, the real estate lease business, the steel structure construction business, etc.

B. On March 9, 2007, the Defendants concluded a contract with M, the owner of the above land, to purchase the above land from F, G, H, I, J, and K and to purchase the above land at KRW 1.16 million in the purchase price in order to carry out a business for developing a factory complex on the above ground (one-day L business; hereinafter “instant business”).

(D. (No. 1) The Selection Company paid 800 million won in total the down payment and the intermediate payment by December 31, 2013, and completed the provisional registration with respect to the above land (hereinafter “instant project site”) under the name of the Selection Company on December 30, 2013, and completed the registration of ownership transfer in the name of the Selection Company on September 22, 2014.

(A) No. 12-1, 2, 3). (c)

Around November 2012, 2012, the designated company had been responsible for entrusting the instant business to the Plaintiff. Upon the request of the designated company, the Plaintiff lent KRW 10 million to the designated company by remitting KRW 500,000,000 to M, a seller of the instant project site, to M, who is the seller of the instant project site, on November 19, 2012, and KRW 5 million on January 28, 2013.

(A) After the Plaintiff’s additional loan request, the Plaintiff stated that “The loan claims amounting to KRW 18,975,000,000, in total, from March 18, 2014 to September 16, 2014, for the project cost of the instant case, shall be recognized in the written reply dated September 14, 2017 by the Defendant.”

B Lending to the designated company by means of remitting money to the Defendant’s family members.

(Evidence A 2, 3) d.

Meanwhile, around December 2013, the designated company received a loan of KRW 650 million from the NN association in the name of the Plaintiff, and a double KRW 400 million paid to M as the intermediate payment of the instant project site around December 31, 2013, as seen earlier.

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