beta
(영문) 의정부지방법원 2016.08.19 2015나6280

구상금 등

Text

1. The plaintiff, among the parts against the defendant B of the judgment of the court of first instance, falls under the following amount:

Reasons

Basic Facts

On July 17, 2008, the Plaintiff and Defendant B entered into a joint development agreement with the Plaintiff and the Defendant B applied for approval of the establishment under the joint name of the Plaintiff and the Defendant C, the wife of the Plaintiff and the Defendant B, on the following occasions: (a) the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”); and (b) the land owned by the Defendant B (hereinafter “Defendant B-owned land”); and (c) the joint development of the land owned by the Plaintiff (hereinafter “instant agreement”); and (d) the Plaintiff and the Defendant C, the wife of the Defendant B, applied for approval of the establishment of the joint ownership.

After that, on November 28, 2008, the Plaintiff and Defendant B obtained approval for factory construction of the size of 8,505 square meters of the factory site, manufacturing facility area of 1,752 square meters from the mayor of Pakistan on November 28, 2008. The Plaintiff agreed to bear 71% of the Plaintiff and Defendant B’s 29% of the costs of development, including land category changes, according to the ratio of area of each land

On April 10, 2009, the Plaintiff entered into a contract for the construction of a factory site (hereinafter “first contract”) with respect to each of the instant land (including additional taxes; hereinafter the same shall apply) on the construction cost of KRW 286,000,000, and entered into a contract for the construction of a factory site (hereinafter “first contract”). On November 16, 2009, with respect to the land owned by the Plaintiff, the construction cost of KRW 16,50,000 for the land owned by the Plaintiff and the construction cost of KRW 11,30,000 for the land owned by the Defendant B (hereinafter “second contract”).

From March 30, 2009 to July 19, 2010, the Plaintiff paid 171,000,000 won in total as construction price to fixed safety construction.

On November 24, 2010, 201, the due safety construction filed a lawsuit against the Plaintiff seeking payment of KRW 225,583,00 (i.e., KRW 396,583,00, KRW 171,000) (i.e., KRW 396,583,000), claiming payment of the unpaid construction cost (i.e., KRW 171,00,00).

(2) An estimate.