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(영문) 부산지방법원 2014.11.14 2013가단14961
대여금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,050,000 to the Plaintiff (Counterclaim Defendant) and its related amount from March 13, 2014 to November 14, 2014.

Reasons

1. Basic facts

A. The Defendant is the owner of three-story neighborhood living facilities located in Busan Dong-gu, Busan (hereinafter “instant building”).

B. The Plaintiff was acting on behalf of the Defendant for the lease-related work of the instant building.

[Ground for Recognition: Facts without dispute, entry of Evidence Nos. 6-1, 8-2, and purport of the whole pleadings]

2. Judgment on the plaintiff's main claim

A. As to the claim for indemnity, comprehensively taking account of the entries in Gap evidence 1, 2-1, 2-7, and Eul evidence 10, and the purport of the entire pleadings as to the plaintiff's principal examination, the defendant concluded a contract between D Co., Ltd. and D Co., Ltd. for the construction of the building of this case with the cost of construction 93.5 million won, the period of construction from February 22, 2012 to April 30, 2012, and the fact that the plaintiff paid KRW 10 million to D Co., Ltd. and KRW 27.5 million from the above construction cost on behalf of the defendant, as long as there is no special evidence to acknowledge that the plaintiff paid the above construction cost to the plaintiff, the defendant has a duty to return KRW 37.5 million to the plaintiff on behalf of the defendant, and the above fact that the plaintiff did not have any other duty to cancel the deposit for lease of this case with the plaintiff on December 3, 2012.

In this regard, the Defendant agreed to settle the monetary transaction relationship between the Plaintiff and the Defendant with the content that the Plaintiff pays KRW 60 million to the Defendant in early 2012.

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