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1. The Plaintiff:
A. Defendant A Co., Ltd. shall be annually from February 12, 2015 to January 29, 2016, including KRW 93,232,760.
Reasons
1. The parties' assertion
A. On May 15, 2014, Defendant A Co., Ltd. (hereinafter “A”) claimed by the Plaintiff (hereinafter “A”) lent the principal amount of KRW 103,536,375 (i.e., cost of KRW 100,000,000 at KRW 900,676,375 at the maturity of payment (i.e., cost of KRW 2,676,375 at the interest advance payment) to Defendant A Co., Ltd. (hereinafter “A”), with the maturity of payment fixed on October 28, 2014. Since Defendants B, C, D, and E jointly and severally guaranteed the above loan obligation of Defendant A, the Defendants are jointly and severally liable to pay the Plaintiff the loan amount of KRW 103,536,37
B. The Plaintiff, a contractor of the Seo-gu Incheon Metropolitan Government Construction Work for Building on the Ground of Seven Lots (hereinafter “G Hospital Construction Work”), who claimed by the Defendants, has lent 100,000,000 won in advance to Defendant A, the contractor, for the payment of the construction price to the subcontractors. Thus, if Defendant A had a claim for the construction price against the Plaintiff after settling the said construction work, it shall be offset against the said claim for the construction price.
Although it is impossible to accurately grasp what purport the defendants' arguments are unclear, the plaintiff's above loan claim is against the plaintiff's obligation to set off the amount equivalent to the contract price claim against the defendant A, in case where the plaintiff's 100,000,000 won paid to the defendant A on May 15, 2014 is not a loan but a loan, and ② if it is recognized that the above amount is paid as a loan, it seems that the plaintiff's above loan claim is set off against the amount equivalent to the contract price claim against the plaintiff of the defendant A.
2. Determination on the claim for return of KRW 100,000,000 for a loan
A. The interpretation of an expression of intent to determine the cause of a claim clearly establishes the objective meaning that a party gave to an act of indicating, and where the parties to a contract prepares in writing what terms of a contract are a disposal document, it shall not be subject to the expression used in writing, but shall be subject to the parties’ internal intent.