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(영문) 인천지방법원 부천지원 2017.01.11 2016가단103370
대여금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 187,024,840 to the Defendant for the purpose of paying the Plaintiff’s wages, food expenses, accommodation expenses, expenses, etc. in relation to C Repair and Construction.

On the other hand, the plaintiff should pay the construction cost of KRW 71,00,000 to the defendant in relation to the above repair work.

Therefore, the defendant is obligated to pay the remaining 16,024,840 won after deducting the construction cost of KRW 71,00,000 from the above loan 187,024,840.

B. Money claimed by the Defendant as a loan is paid for the purpose of the Plaintiff, and the Defendant did not borrow money from the Plaintiff.

2. The Plaintiff’s assertion of the lease is based on the premise that the Defendant spent the construction cost on the Defendant’s account after receiving a subcontract for the said C repair work from the Plaintiff. According to the witness D’s testimony, it is recognized that the Plaintiff and the Defendant discussed the subcontract issue of the said repair work. However, even based on all the evidence, including the testimony, it is difficult to recognize that “the Plaintiff and the Defendant agreed to conclude a subcontract according to a final agreement and to regard the expenses incurred by the Plaintiff as a loan to the Defendant for the construction work,” and there is no other evidence to acknowledge the Plaintiff’

3. Therefore, without examining the amount of loans, the Plaintiff’s claim cannot be accepted. It is so decided as per Disposition.

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