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(영문) 서울고등법원 2017.12.15 2017나2035821
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 210,356,164 and KRW 100,000 among them.

Reasons

1. Facts of recognition;

A. On April 28, 2011, the Defendant entered into a contract for construction works between the Defendant and C Co., Ltd. (hereinafter “C”) on April 28, 201 through his/her agent D (the Defendant’s words), setting the construction period from April 201 to April 2012, and the construction cost as KRW 768,00,00 (including value-added tax, KRW 33,000,000 (including value-added tax, and KRW 33,00,000) for eight-person elevators), and concluded a contract for the construction of the Dobong-gu Seoul Metropolitan Government F Ground Building (hereinafter “instant building”).

The main contents of the instant contract are as follows.

Construction Work Contract

6. The intermediate payments and remainder payments and remainder payments shall be repaid with the deposit money for lease on a deposit basis with four to six stories;

(A) Article 5 (Methods of Payment for Construction Works) of the Terms and Conditions for Construction Works Contract (Methods of Payment)

1.The payment shall be made as follows:

The defendant shall proceed with the intermediate payment and the balance as credit work, and pay the construction price with the deposit for the lease on a deposit basis for four to six stories after the completion of construction, and if there is a lessor even during construction, the contract shall be

(C) If the deposit money enters, the bank loan shall be preferentially repaid.

A certificate of personal seal impression and power of attorney shall be submitted to C to enable C to perform an act of lease contract when the defendant is in the presence of the defendant.

Therefore, the defendant can not use the security deposit in addition to the construction cost for any day.

(No civil or criminal objection shall be raised in the event of non-compliance with the promise). Article 10 (Matters of Special Agreement)

1. Under C’s guarantee, the Defendant appears to have written the 400,000,000 won “400,000 won” in the construction work contract (Evidence (Evidence (Evidence) No. 1) appears to be a clerical error of “400,000 won”.

(2) provide loans to the Corporation;

(Payment of KRW 180,00,000 for existing loans, and KRW 60,000 for security deposit). The remaining balance of KRW 160,000 shall be paid as construction cost.

2. Two to three floors shall be agreed upon with the owner when part of the construction cost is insufficient or when there are unavoidable circumstances in the owner’s position.

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