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(영문) 서울서부지방법원 2020.06.11 2019나41796
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. Basic facts

A. On February 14, 2017, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a vehicle service contract with E Co., Ltd. (hereinafter “E”), and the main contents are as shown in the attached Form.

On August 24, 2017, the Defendant Company entered into a vehicle service contract with F Co., Ltd. (hereinafter “F”), which is similar to the above, although it is unclear whether F and E are related to F, the Defendant Company paid F the service cost to be paid by E, and both companies run “G hotel”).

(hereinafter the above two services contracts are collectively referred to as the “instant services contract”). B.

From March 2017 to June 2018, Defendant Company performed the instant service contract, but the amount of service payment that was not paid by E or F was 32,131,404 won, Defendant Company received a judgment in favor of all of the Defendant Company on December 18, 2019, by filing a lawsuit against E or E seeking payment of the amount of unpaid service payment. The said judgment became final and conclusive around that time.

(Seoul Central District Court 2018Gahap581847). In addition, the defendant corporation filed a lawsuit against F to seek payment of the unpaid service costs against F and is currently pending in the lawsuit.

(A) The amount of 317,131,404 Won, which is less than 15 million won, of the action filed against E as the defendant, shall be the amount of 15 million won, which is the Incheon District Court 2018Gahap63722).

On the other hand, the Plaintiff paid KRW 2 million to Defendant C on August 14, 2017, and remitted KRW 3 million to the account of the Defendant Company as of September 22, 2017, KRW 5 million on September 22, 2017, KRW 5 million on December 14, 2017, KRW 500,000 on December 14, 2017, and KRW 2 million on January 3, 2018.

(total 17 million won) 【Ground of Recognition】 The 【Written Evidence Nos. 1, 2, 5, and 6 (including additional numbers; hereinafter the same shall apply), the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff has difficulty with the Plaintiff, a total manager of E, as the Defendants did not receive the service payment from E, and the Plaintiff subsequently promised to recover the outstanding amount from E, and agreed to pay the Defendants a total of 17 million won.

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