logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.02.01 2016가단219744
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. Plaintiff B is the representative director of Plaintiff D Co., Ltd. (hereinafter “D”), and Plaintiff A is the wife of Plaintiff B.

The defendant has been working for about 30 years in the scientific and technological system as the E Center warden, and from July 1, 2006, he has served as D'the business chief'.

B. On September 19, 2006, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 30 million from the Plaintiff” (hereinafter “the loan certificate of this case”) to the Plaintiff A, and around that time, received KRW 30 million from the Plaintiffs.

In addition, the defendant received respectively from the plaintiffs around February 2007, KRW 50 million and KRW 100 million around March 28, 2008.

C. Meanwhile, around May 2006, D and the Defendant agreed that if D are awarded a contract for construction work due to Defendant’s business activities, D will pay 3% of the construction amount to Defendant as a performance bonus.

(hereinafter “instant agreement”). D.

D Around March 2007, the Public Procurement Service entered into a contract for F’s new construction work (hereinafter “instant construction work”) with the Public Procurement Service as the construction cost of KRW 34,155,000,000 (including value-added tax). Since then, the said construction cost was increased to KRW 40,043,00,000.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 2, and plaintiff Nos. 1, 2006's assertion 1) The plaintiff lent KRW 30 million to the defendant on Sep. 19, 2006. The plaintiff Eul lent KRW 50 million to the defendant on Feb. 7, 2007, and KRW 200 million on March 28, 2008, respectively. Thus, the defendant is obligated to pay the plaintiff KRW 30 million as loan debt, KRW 150 million as total, and delay damages as to each of the above money.

As a result of the defendant's 1's business activities, D consortium was awarded a contract for the construction of this case, and the defendant is from the plaintiffs' side.

arrow