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(영문) 대전지방법원 2015.08.17 2015나197

공사대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation that operates the clothes brand called "Ssnb Dam" as it is a corporation whose principal office is the business of selling textile and textile products in Gangnam-gu Seoul, Seoul as the main office. The plaintiff is a corporation that operates the clothes brand called "Snb Dam" as the main office. The plaintiff is a corporation that engages in housing construction business, artificial fishery business, etc. with 122 U.S. as the main office, which is the Yansan-gun, the Yansan-gun, the Yansan-gun

B. The Plaintiff concluded a contract with the Defendant for the interior of “ASW Dam” (hereinafter “A”), “BS Dam” (hereinafter “B”), and “C points” (hereinafter “C points”), and completed the interior construction of “C points” (hereinafter “instant store”). As to the interior construction of the instant store, the Defendant drafted and issued a written confirmation of completion of the construction with the following content to the Plaintiff:

The construction cost (excluding additional tax) at the time of construction work (excluding additional tax) at A, December 22, 2012, 2012, from December 19, 2012 to 36 million won from February 27, 2013 to 26.40 million from February 25, 2013 to June 20, 2013, the C point of KRW 35 million from June 18, 2013 to June 35, 2013. < Amended by Act No. 11873, Feb. 27, 2013; Act No. 11879, Jun. 20, 2013>

C. Meanwhile, on the other hand, on December 21, 2012, the Defendant drafted an interim management contract between D and E with regard to the points A on March 1, 2013, and on June 19, 2013, between E and F, with regard to the point C, respectively. Article 7(2) of the said interim management contract provides that “The Defendant and the interim manager shall share 50% of the total construction cost burden on the sales store selling the Defendant’s brand product.”

However, unlike the content of the above interim management contract, F and the Defendant agreed to pay KRW 27.5 million, and KRW 11 million, among the three-seven-five million test costs (including value added tax) at C points, respectively.

On December 31, 2012, the Plaintiff’s supplier as the Plaintiff and the recipient as the Defendant are related to the A store construction.