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(영문) 인천지방법원 2016.08.25 2015가단18182

대여금

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 70,00,000 and its KRW 20,000,000 among them, the Defendant (Counterclaim Defendant) from January 1, 2015.

Reasons

B. The Plaintiff entered into a subcontract in the name of a type N that operated M on the ground that the Plaintiff did not have a license for earth and sand works and household facilities works, with the period of construction from June 1, 2012 to August 31, 2012 (at that time, the Plaintiff entered into a subcontract in the name of a type N that operated M.

In addition, the estimate statement attached to the subcontract at the time is stated separately as industrial accident insurance premiums, value added tax, waste and civil petition treatment costs, and construction costs other than estimate items.

(2) On June 2012, the Plaintiff commenced a subcontracted construction work and completed the construction work on August 31, 2012.

I’s renunciation of construction work and C’s reconform 1) The I, around October 5, 2012, intended to waive joint development of real estate due to difficulties in securing construction cost, etc., and agreed with the Defendant as follows (No. 5-1 and the written agreement are indicated by the O, an individual company operated by the Defendant, not the Defendant:

*. *. I waives the claim for return of the amount invested except for the costs of civil works and design and supervision (Paragraph 1). *. The full amount of the civil works site is borne by theO (Paragraph 1-1). * After the agreement, I does not impose any claim against theO (Paragraph 4). 2) The Plaintiff requested the I and C to pay the subcontracted work cost. The C voluntarily waived the construction work and notified the Defendant that he was not obliged to pay the subcontracted work cost.

3) After the I waived the construction, the I tried to directly perform the construction, but failed to pay various contributions related to the lack of financing capacity and the person, and the Defendant. 4) After that, I decided that I will, around November 2012, pay contributions, such as authorization and permission expenses, necessary for the progress of the construction, and resume the construction in I, subject to the condition that I would pay all expenses.

Accordingly, I paid the metropolitan transport facility charges of 82,969,000 won and the interest of 11,000,000 won and resumed construction on November 2012.

E. The plaintiff is the plaintiff in the first instance, such as the preparation of the modified subcontract form, but I resumed the construction.