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(영문) 서울서부지방법원 2018.07.04 2017가합39733
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 24,167,00 as well as the full payment from December 20, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

The plaintiff is a company established for the purpose of construction business, etc., and the defendant is a company established for wholesale and retail business of construction materials.

On November 25, 2014, the defendant representative director C prepared an agreement on the use of the d, representative E, and “C, and D, respectively, to become the joint shareholders of the plaintiff together with E by investing 100 million won in the plaintiff, and C, E shall be the joint representatives of the plaintiff, and C, and D shall pay 2.5% of the sales of the project awarded by using the der pumps method, the patent of the plaintiff, to E, to E.

Accordingly, C, along with E on January 5, 2015, was appointed as the joint representative director of the Plaintiff (F from January 5, 2015 to A Co., Ltd.) on the resignation on February 4, 2015, and thereafter on March 9, 2015.

On November 5, 2015, the Defendant entered into a contract for construction of Donam Construction Co., Ltd. (hereinafter referred to as “Donam Construction”) and for construction of Donam Construction to construct an officetel in Mapo-gu Seoul (hereinafter referred to as “instant construction”) with the construction cost of KRW 1,291,40,00, the construction period of KRW 50,00, and from November 5, 2015 to July 31, 2016 (hereinafter referred to as “instant contract”), and changed the construction period on September 1, 2016 to August 31, 2016.

The Defendant drafted a subcontract agreement dated November 20, 2015, stating that the Plaintiff and the Defendant “the instant construction work shall be subcontracted to the Plaintiff during the construction period from November 20, 2015 to August 31, 2016.”

(hereinafter “instant subcontract agreement”). The Plaintiff completed the instant construction, from December 24, 2015 to September 26, 2016, the Defendant paid KRW 1,290,410,000 to the Plaintiff as construction cost (as KRW 990,00 has been reduced from the agreed construction cost) and from December 24, 2015 to September 30, 2016, the Plaintiff paid KRW 1,267,23,000 to the Plaintiff.

[Grounds for recognition] Unsatisfy, including A’s first number, below.

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