(영문) 서울남부지방법원 2018.12.18 2017가단258330

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(영문) 서울남부지방법원 2018.12.18 2017가단258330

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 23, 2016, a notarial deed of a monetary loan agreement was drafted with the purport that the Plaintiff, with the Plaintiff as the obligee and C as the obligor, lent KRW 50 million to C by setting the interest rate of KRW 25% per annum and the due date as of April 25, 2016.

B. On July 4, 2017, the Plaintiff, based on the foregoing notarial deed, was issued a collection order on the claim amounting to KRW 64,683,34 of the claimed amount among the purchase price of D interior design construction (hereinafter “instant construction”) with the debtor C and the third debtor as the defendant at this court 2017TTT 10596.

C. The above decision was served on the Defendant on July 9, 2017.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence (including paper numbers)

2. Determination

A. The summary of the party’s assertion (1) Plaintiff C completed the instant construction project by entering into a subcontract with the Defendant, and the claim for the instant construction cost against the Defendant exceeds the Plaintiff’s above claim amount. As such, the Defendant is obligated to pay the Plaintiff KRW 64,683,334.

(2) Since the other party who entered into the instant construction contract by the Defendant is E Co., Ltd. (hereinafter “E”), there is no claim for construction payment against the Defendant.

B. Determination is based on the following: (a) if the contract was made by a document and the party to the contract is indicated in the document, it is in principle to determine the party to the contract in accordance with the language indicated therein; and (b) in order to recognize a party not indicated in the document as a party to the contract, there is a circumstance to deem that there is a mutual agreement between the party not indicated in the contract document and the other party to grant the status as a party to the contract, such as the purpose and content of the contract, and the motive and circumstances leading up to the conclusion of the contract.

Supreme Court Decision 200

유사 판례

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-수원지방법원 성남지원 2018.11.21 2017가단213813

-대전지방법원 홍성지원 2018.04.10 2017가단5020