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(영문) 제주지방법원 2016.05.12 2015가합1358
대여금
Text

1. The Defendant’s KRW 580,688,818 as well as the Plaintiff’s KRW 5% per annum from July 18, 2015 to May 12, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”) established for the purpose of civil engineering and construction work business, and the Defendant is the representative director of D Co., Ltd. established for the same purpose (hereinafter “D”).

B. On September 26, 2012, D’s conclusion of each of the instant subcontract agreements and payment of advance payment, D’s construction works, reinforced concrete construction works, and water supply and sewerage construction works (hereinafter “instant construction”) among “E District Urban Development Project Infrastructure Works” contracted by C and Jeju-si on September 26, 2012.

(C) the first subcontract to which each contract amount is 686,895,00 won, 605,803,000 won, 1,382,205,000 won (including each value-added tax) with respect to each contract amount (hereinafter referred to as “the first subcontract to this case”).

2) D deposited KRW 1,020,000 in the account under the name of C, including the sum of KRW 570,000,000 on September 26, 2012 and KRW 450,000,000 on September 28, 2012, and KRW 1,020,000 on September 26, 2012, and around that time C issued each tax invoice with the aggregate of the value of supply and value-added tax as KRW 570,00,000 on September 26, 2012.

C. On September 27, 2012, the Plaintiff and the Defendant KRW 1,020,00,000 in total, including KRW 570,000,000 on September 27, 2012 and KRW 450,000,000 on September 28, 2012 (hereinafter “instant money”).

(2) The Defendant, on October 25, 2012, transferred KRW 51,818,182 from his own account to the Plaintiff’s account. D.

As the design of the instant first subcontract was modified, D and C are subject to a modified contract under which the contract amount stipulated in the instant first subcontract was modified on December 28, 2012 (hereinafter “instant modified contract”).

AB concluded the agreement.

No. 2,674,95,00 won for 84,029,00 won for 605,803,000 reinforced concrete construction works 2,169,00 won for 3rd waterworks and sewerage construction works 1,382,205,00 won for 468,578,000 won for 2,674,903,000 won for 644,766.

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