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(영문) 서울동부지방법원 2019.08.22 2018가단117143

정산금반환청구

Text

1. The Defendant’s KRW 143,00,000 for the Plaintiff and 15% per annum from May 29, 2018 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is a company mainly engaged in the sales of building materials, such as sanitary degree and other assembly-type bathing rooms. The Defendant is a company mainly engaged in the construction of machinery and equipment, construction work, and assembly-type bathing room construction business. 2) The Plaintiff and the Defendant jointly carried out the construction of assembly-type bathing rooms in D and E apartment construction sites built by C and E companies.

B. In around 2014, the Plaintiff and the Defendant mainly engaged in the sales of building materials, such as sanitary intensity and other prefabricated-type bathing rooms, around 2014, as the process of concluding a material supply contract between the Plaintiff and the Defendant, and the Plaintiff agreed to supply and install prefabricated-type bathing facilities (system bathing rooms) materials and installation works at the apartment site site conducted by the Korea Land and Housing Corporation (LH) through a business cooperation with the Defendant and the Defendant, who had much experience in prefabricated-type bathing rooms in most of the public apartment rooms supplied by the Korea Land and Housing Corporation (LH) and F.

B) If the Plaintiff orders construction works for the supply and installation of assembly-type bathing rooms from the original contractor, a contractor, the Plaintiff: (a) directly procured masts such as spathic and spathic, etc. which mainly dealt with; (b) the Plaintiff raised the remainder of waterproof plates and walls from the Defendant; and (c) agreed to have the Defendant take charge of construction works for the installation of assembly-type bathing rooms on the apartment site with these materials; and (b) on each construction site, separate agreement was reached regarding specific terms and conditions of the contract and specific terms and conditions of the contracts for two sections of D apartment construction works (hereinafter “D site”); (b) the Plaintiff entered into an initial contract between the Plaintiff and C; and (c) the total of 782 households (general 77 households and 5 households with disabilities) within D sites performed by the Korea Land and Housing Corporation; and (d) the prefabricated-type bathing rooms of 782 households in D sites performed by C.