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(영문) 전주지방법원 2018.09.19 2015가단37247

공사대금

Text

1. The Plaintiff (Counterclaim Defendant); Defendant B was 27,687,500 won; Defendant C was 2,000,000 won and each of the said amounts.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, as a partnership business, engaged in minor construction works (theme) and advertising agency business with the trade name of “E”.

B. Around June 2015, Defendant B invested 50:50,000 won for each of F and 50:50,000 won; the expenses incurred thereafter are invested by F; F is divided into 50:50; and the remainder after closure of business is divided into 50:50; entered into a partnership agreement with the G Welfare Center, a long-term care institution, to operate the G Welfare Center, a long-term care institution, together with the following: (a) delegated F with all of its affairs and monetary expenditure activities for the establishment of the following point, including the following tegraculation work.

Defendant C is a person who operates the former head office of G Welfare Center, a long-term care institution, (hereinafter referred to as “former head office”).

C. Around June 2015, F entered into a Rotterdam construction contract with D, which sets the construction cost of KRW 126,375,000 with respect to the oral benefiting point as KRW 126,375,00.

On June 23, 2015, Defendant C entered into a tegical construction contract with D, which was known by the F introduction that had entered into a consulting contract on June 23, 2015, which included the remainder of the construction cost, excluding two million won paid in advance on June 30, 2015 as part of the authorization cost, and agreed to exclude the production and installation of shower services in an amount equivalent to KRW 15 million after the conclusion of the tegical construction contract, and the construction cost for the tegical construction work (establishment of rescue units and door door automatic), was later determined.

D around September 2015, 2015 completed each of the following interior works.

E. To D, F and Defendant B paid a total of KRW 71 million for the interior work cost of the teglsan store in total, and Defendant C paid KRW 30,60,000,000,000,000 won for the teglical construction cost of the teglsan store in total, on July 28, 2015, and on September 3, 2015.

F. On September 30, 2015, D sent to Defendant C an additional amount of KRW 4 million due to the fire-fighting construction cost, etc., and Defendant C paid KRW 4 million to D on September 30, 2015.

(g) the result of the appraisal of the cost of construction by this court appraiser H.