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(영문) 인천지방법원 2017.07.07 2016가합3313

용역비

Text

1. The defendant is jointly and severally with C to the plaintiff 1,00,000,000 won and the defendant shall be jointly and severally with C from October 22, 2016.

Reasons

1. Basic facts

A. C Co., Ltd (former trade name: D.; hereinafter “C”) is a company established for the purpose of real estate development business, etc. for F building development business on the land of Suwon-si, Suwon-si, for the development project of F building (hereinafter “instant commercial building”), and the Defendant is a contractor of the instant commercial building development business, who was awarded a contract from C on October 7, 2013 for the construction cost of the instant commercial building as KRW 11,00,000,000 (including value-added tax) and the construction period from November 1, 2013 to December 31, 2014.

B. On April 19, 2013, the Plaintiff received expenses of KRW 16,00,000 per month (excluding value-added tax) and performed all services related to the instant shopping district’s implementation project, such as the construction of the instant shopping district, the security of land, and the public relations of advertisement. Upon completion of the construction of the instant shopping district, the Plaintiff received service expenses of KRW 1,963,385,00 (excluding value-added tax) equivalent to the total sales amount of the tenth floor of the instant shopping district, and entered into a business agreement with the content that the Plaintiff would have a share of KRW 40% in the net profit of the instant shopping district development project.

C. As the instant commercial building development project is in the crisis, the Defendant, who was a contractor, decided to continue the development project by acquiring C, an executor, and concluded each of the following arrangements:

1) As between September 3, 2014 and C, the Defendant, with the consent of all shareholders, directors, etc. of C and C, acquires all rights and shares, such as C and C’s shares, directors, etc., and decides to invalidate the profit-sharing agreement between C and the Plaintiff as described in the foregoing paragraph (b) (hereinafter “the first business agreement”).

(2) On September 3, 2014, the Plaintiff prepared a business agreement with C and the Defendant with the following contents (hereinafter “the second business agreement”).

This Agreement shall be executed by the Defendant of the Construction Project (including C that will be performed by the Defendant) with respect to the G Housing Site Development Project of the F Building (FH) in Suwon City.