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(영문) 서울서부지방법원 2016.10.19 2015가합35706

공사대금반환 등

Text

1. The defendant shall pay to the plaintiff KRW 231,073,285 and KRW 163,441,00 among them, from October 24, 2009, KRW 67,632,285.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a person related to the instant case’s “Del” located in Mapo-gu Seoul Metropolitan Government (former “E hotel”; hereinafter “the instant telecom”).

A) A person who owns and operates B, and F is the Plaintiff’s wife. 2) The Defendant is a professor who gives lectures related to woodcraft at G University, H is also a professor at the same university, and I is a graduate student of the same university.

J is the defendant's wife who has a child in preparation for entry and is the business owner of "K" for the purpose of manufacturing, selling, etc. of timber households.

B. On July 2009, the Plaintiff and F entered into a contract for construction works, and around July 1, 2009, the Plaintiff and F sought H in order to request for remodeling works for the instant franchise, thereby introducing the Defendant, and became aware of the Defendant through the Defendant. 2) On July 11, 2009, the Plaintiff entered into a contract with the Defendant with the instant franchise remodeling works (hereinafter “instant construction works”).

The contract (A) (2) (party to the contract) and the contractor: The plaintiff and the contractor for the representative of the Del: the K representative state that the terms of the contract refers to the mandatory, instead of the mandatory, and seems to refer to the mandatory, who actually prepared the said contract with the delegation of the representative) / [the content of the contract] and the name of the construction: The construction cost for remodeling the Del and construction cost: 78 billion won and the construction period: July 12, 2009:

9. 30. and 30. 30. Payment date - Payment of down payment of KRW 15 billion: Payment of KRW 200 million on July 12, 2009 - Payment of KRW 43 billion on August 3, 2009 - Payment of KRW 43 million from September to December 2009: Person in charge of supervision and supervision of the contractor: F - Person in charge of supervision and supervision of the contractor: Defendant, on-site officer: Person in charge of supervision and consultation: I, design supervision and consultation: H3) The Plaintiff agreed to the terms and conditions of the contract and prepared the contract with the Defendant, and did not reach the agreement or agreed to the terms and conditions of the contract with J [this is part of Party B].