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(영문) 부산고등법원 2019.10.02 2019나51416
공사대금
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

Facts of recognition

The plaintiff is a juristic person established for the purpose of engineering work business, etc., and the defendant is a juristic person established for building work business.

C Around 2016, C Co., Ltd., D, E, F, G, and H planned to construct six officetels buildings on the ground (hereinafter “new construction works of this case”) on the land of the Busan Seo-gu Y, J, and K (hereinafter referred to as “each of the above land”) and the Defendant was selected as the new construction works of this case.

The instant New Construction Corporation divided the Ldong, Mdong, Ndong, and Odong sites (hereinafter “Ldong,” “Mdong,” “Ndong,” “Ndong,” and “Odong”) with the land of 1,782 square meters K 1,782 square meters into four sites, and divided into six sites with a total of 330.6 square meters and J 406 square meters into six sites.

Around April 13, 2017 between the Plaintiff and the Defendant, each subcontract contract for construction works (value-added tax separately) set forth in KRW 300,000,000 (value-added tax) with respect to the cost of construction of civil engineering works (electronic files and sheet file works) among the sites, J sites, and Ldong New Construction Works.

In addition, each subcontract contract between the Plaintiff and the Defendant on the same day (hereinafter “instant subcontract contract”) was made with respect to the construction cost of the civil works (such as files and sets files) among Mdong, Ndong, and Obdong construction works, which is set forth in the respective 250,000,000 won (excluding value added tax).

On the other hand, as the land of K 1,782 square meters was divided into 445.6 square meters in K 445.6 square meters in a P 445.6 square meters in a P 445.6 square meters in a P 445.6 square meters in a P 445.6 square meters in a capacity on August 10, 2017, Qdong land became a site for Mdong, P land, Ndong, and K land became a site for O.

On August 16, 2017, the agreement on the instant contract (hereinafter “instant agreement”) was formulated between T and the actual representative V of the Plaintiff’s representative T and the Defendant’s representative, and the content of the instant agreement is as follows.

The Agreement Co., Ltd. agreed to allocate the profits of A to Gap (T) 65%(V) 35%, but the defendant ordered the plaintiff to J, I, and K 6 buildings.

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