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(영문) 서울중앙지방법원 2015.08.21 2013가합18894

각서금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 100,000,000 and the Plaintiff shall pay the full payment from June 18, 2013.

Reasons

1. Circumstances leading to the dispute of this case;

A. On January 27, 2011, Plaintiff A and Defendant A entered into a contract with Plaintiff A on January 27, 201 (the Defendant did not have a construction business license and entered into a regular comprehensive construction corporation agreement with Plaintiff A.

(3) The construction work that newly constructs multi-household housing on land D, E, F, and G was contracted in the amount of KRW 610,000,000 for construction cost (hereinafter “instant first contract”).

(2) On April 19, 201, the Plaintiff A and the Defendant agreed to increase the construction cost of the instant primary contract in KRW 640,000.

3) On July 201, the Plaintiff and the Defendant agreed to reduce the construction cost to KRW 610,000,000 again (i.e., a regular comprehensive construction company that lent the name of the contractor to the Defendant, and (ii) there was a conflict between the Defendant and a regular comprehensive construction company that borrowed the name of the contractor, and (iii) thereafter, the Defendant entered into a contract with the Plaintiff A by borrowing the name of the H

hereinafter the same shall apply.

(4) On August 9, 201, the Plaintiff agreed to reduce the construction cost by 550,000,000 won instead of directly installing TV, cooling, computer, laundry, etc. necessary for multi-households on August 31, 2011. The Plaintiff paid the Defendant the construction cost under the instant first contract. The Defendant issued a tax invoice of KRW 322,840,000 to the Plaintiff on November 22, 201, with the supply price of KRW 227,160,000 under the name of the Daen&C Co., Ltd., Ltd., and with the supply price of KRW 322,840,000 on September 9, 201.

5) On November 23, 201, Plaintiff A obtained approval for the use of a multi-family house newly built in accordance with the instant first contract from the Sungsung market. B. On September 15, 2011, Plaintiff A and the Defendant’s second contract 1) contracted the Defendant for the construction work of constructing multi-family housing on the land outside H and four parcels at the time of harmony to the Defendant KRW 700,000,000 for the construction cost.

[2] The Defendant asserts that the construction cost of the instant secondary contract is KRW 850,00,000, based on the construction contract document No. 2-1,000 (based on the construction contract document).