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(영문) 수원지방법원성남지원 2016.01.08 2015가합202403

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,784,730 to the Plaintiff (Counterclaim Defendant) and its related amount from April 30, 2013 to January 8, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The representative director of the Plaintiff is C, who is the actual operator D, and the representative of the Defendant is the actual operator E. F.

F was the gap between D and D, which was well known and known.

B. In order to operate the car page, F entered into a lease agreement with the G Authorized Brokerage Agency H on November 15, 2012 with respect to the lease deposit amounting to KRW 200 million, monthly renting KRW 8 million from January 15, 2013 to January 14, 2015, and five years (two years from the following day to January 14, 2015) with respect to the second floor (hereinafter “instant building”).

C. The Plaintiff and the Defendant entered into a contract for each of the construction works (hereinafter “each of the instant construction contracts”) with respect to the establishment of a store in the instant building, that the Plaintiff would receive a contract for interior and main construction works as follows, and D had F receive support related to the operation of the store, such as the selection of food new specifications and introduction of cooking.

The date of conclusion: < Amended by Presidential Decree No. 11717, Nov. 20, 2012; Presidential Decree No. 2342, Nov. 20, 2012; Presidential Decree No. 23073, Nov. 20, 2012; Presidential Decree No. 23475, Feb. 15, 2013; Presidential Decree No. 23475, Feb. 2012; Presidential Decree No. 2467, Feb. 15, 2013; Presidential Decree No. 2477, Oct. 13, 2013; Presidential Decree No. 24077, Feb. 15, 2013; Presidential Decree No. 24077, Feb. 20, 201; Presidential Decree No. 24077, Mar. 16, 200; Presidential Decree No. 24075, Mar. 16, 2013>

D. The Defendant paid the Plaintiff the construction cost, excluding value-added tax, among each of the construction cost of this case.

[Ground of recognition] There is no dispute.