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Reasons
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(영문) 광주지방법원 2019.03.07 2017가단526423
대여금
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1. The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant), 4,095,00 won, and its amount from January 19, 2018 to March 7, 2019.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) subcontracted the structural construction of the building in Seosan E (hereinafter “D”) from D (hereinafter “D”).

B. The Plaintiff introduced the Defendant to F, who is the C representative director, and the Defendant was in office at the construction site of this case, and the construction work of this case was performed by C as a package subcontract for the instant construction work.

However, in light of the following circumstances, the Defendant directly borrowed and raised the construction cost of the instant construction site from the Plaintiff, etc., the F or actual representative of C, and the intention to conclude a contract for construction participation between C and the Defendant, it appears that C appears that C subcontracted the instant construction project to the Defendant en bloc.

C. C was unable to pay the cost of construction, such as material cost and personnel cost, due to the shortage of funds, the Defendant preferentially paid approximately KRW 70 million, including the amount of money borrowed from the Plaintiff, etc., to the materials cost and personnel cost at the construction site.

On January 23, 2017, the Plaintiff entered into a contract to transfer C with F (in the absence of a transfer contract, but the said transfer contract was not entered into) and drafted a written confirmation as follows (hereinafter “instant written confirmation”).

1. The settlement amount shall be KRW 40 million and the transferee shall pay KRW 10 million to the transferor, KRW 10 million before the registration of a juristic person, KRW 10 million on March 31, 2017, KRW 10 million on April 31, 2017, and KRW 10 million on May 30, 2017.

2. On January 23, 2017, the transferor is responsible for any unlawful act with respect to the obligation and the transferor corporation prior to the occurrence of any such act.

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