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(영문) 창원지방법원 2021.02.04 2020가합52125
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates a general construction business.

C Co., Ltd. (hereinafter “C”) was established on July 13, 2012 for the purpose of real estate sale and lease business, etc. At the time of its establishment, the representative director D is the defendant's friendship, and E, who was appointed as the representative director on September 30, 2013, is the defendant's birth.

B. On August 25, 2012, in the name of the Plaintiff and C, the Plaintiff was registered by C from Changwon-si to H on December 7, 2017, in the Changwon-si, Masan-si, Changwon-si.

G On September 16, 2013, the registration was converted into, and cancelled as, Yongsan-gu, Changwon-si I.

From September 7, 2012 to July 7, 2013, a contract under which construction of officetels (one complex) is to be awarded a contract with the construction cost of KRW 3,690,000,000 (excluding value-added tax) (hereinafter referred to as “one complex construction contract”) was entered into on the ground (hereinafter referred to as “one complex construction contract”) and the contract entered into by the said contract was entered into.

1 The contract for construction works is accompanied by the following documents:

< 별첨 > ▷ 계약조건 (VAT 별도) 1) 1 단지 (3,690,000,000 원): 대물 50% 2) 2 단지 (2,718,000,000 원): 대물 30% 3) 3 단지 (2,792,000,000 원): 대물( 없음) 4) 총괄 (9,200,000,000 원): 대물 28.91% ▷ 기성 지불조건 1) 1 단지 (3,690,000,000 원) ① 계약 금: 계약 시 =400,000,000 원( 어 음) ② 1 차기 성금: 지상 1 층 골조공사 완료 =20% ③ 2 차기 성금: 지상 4 층 골조공사 완료 =30% ④ 3 차기 성금: 준공 후 =30% 2) 2 단지 (2,718,000,000 원) ① 계약 금: 계약 시 =20% ② 1 차기 성금: 골조공사 완료 =40% ③ 2 차기 성금: 준공 후 =40% 3) 3 단지 (2,792,000,000 원) ① 계약 금: 계약 시 =20% ② 1 차기 성금: 골조공사 완료 =40% ③ 2 차기 성금: 준공 후 =40%

C. Around November 2012, the Plaintiff and C’s name written agreement (hereinafter “instant agreement”) with the following contents (hereinafter “instant agreement”).

[Agreement] A mission: Ctel New Construction Corporation (1 complex) C (hereinafter “A”) and D (hereinafter “A”).

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