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(영문) 청주지방법원 2016.01.20 2014가합27859
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant purchased from C, on January 17, 2012, the petitioner-gu, Cheongju-si, the 1003m2.9m2 from C, and completed the registration of ownership transfer on the following day. The Defendant purchased E large 1,032.9m2 (hereinafter referred to as “instant land”) in the name of F on April 10, 2012, and completed the registration of ownership transfer on April 12, 2012 in the name of F. After completing the registration of ownership transfer on April 12, 2012, the Defendant completed the registration of ownership transfer from F on the grounds of sale on June 12, 2012.

B. In the vicinity of the instant land, the retaining wall construction (hereinafter “instant construction”) was carried out by Company G (hereinafter “G”). At the Hadong Comprehensive Steel Co., Ltd. (hereinafter “Hadong Comprehensive Steel Co., Ltd.”) supplied the instant construction site (hereinafter “instant supply contract”) the steel industry amounting to KRW 126 tons, around November 2012, around 10,562,00, at the request of H, a director of G, supplied the steel industry (hereinafter “instant steel industry supply contract”).

C. As to the instant steel contract payment obligation, Defendant I, I, and H prepared a letter of guarantee of payment that “I and H shall be liable to pay the instant steel contract in their individual qualification” (a written document, written by the Defendant), and I are the spouse of J, the representative director of G.

H = 10 million won on March 27, 2013, and the same year

4.2.2.20 million won remitted from the K’s account to the Jungdong Integrated Steel, and for the same year.

5. 27. 70,562,00 won was deposited to the Jungdong Integrated Steel. At the time of the above remittance and deposit, H decided that the account holder was G.

E. He received KRW 100,562,00 as above, and subsequently made a certificate of subrogation (Evidence A 1-3) stating that “The Defendant paid the instant steel sales liability and other expenses (= Principal KRW 100,562,000, KRW 4,8000, KRW 4,000, KRW 4,000, KRW 100,562,000, KRW 100,000, KRW 100,562,000, and KRW 109,362,000, and KRW 109,362,000.”

F. H and the Plaintiff on July 2012.

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