beta
(영문) 울산지방법원 2018.07.25 2017가단55673

양수금

Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from March 30, 2017 to July 4, 2017 to the Plaintiff.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On September 2015, the Defendant concluded a construction contract of KRW 3 billion (excluding surtax) with respect to the new construction of D ground accommodation facilities in Ulsan-gun, Ulsan-gun, Seoul-do (hereinafter referred to as “C”) (hereinafter referred to as “instant construction contract”).

[A 6-1] However, as a company dealing mainly with a license lending, C is not actually performing construction work, but only 3% of the license rental fee and value-added tax shall be paid to C with a comprehensive license granted by the Defendant, the owner of the construction, and the construction itself shall be treated directly by the Defendant.

[Witness] Meanwhile, while performing the instant construction project, the Defendant deposited the construction cost with a passbook in the name of C (hereinafter referred to as “instant passbook”) and deposited it with C to pay the construction cost. The Defendant deposited the progress payment deposited with the PF funds from the financial institution and the progress payment deposited with the instant passbook and managed and executed both C.

[A] 7, B 5, and witness] On November 23, 2016, the Defendant transferred KRW 30 million to the instant passbook on the same day, and the F Bank’s fourth PF loan KRW 190 million (hereinafter “fourth progress payment”) was deposited in the said passbook on the same day.

The total amount of reserve shall be KRW 220 million.

[A 7-1] E GIH DD DD DD D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D L spent a total of KRW 127,268,00 as the contract price on November 23, 2016 and November 24, 201 to the subcontractor (A 7-2], and the remainder in the fourth progress payment is KRW 92,732,00 (i.e., KRW 220 million).

On November 30, 2016, the Defendant drafted a three-dimensional modified contract to increase the existing construction price into “4.5 billion won” among the instant construction contracts.

[A] Based on the third modified contract, C and the defendant are as follows.