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(영문) 서울동부지방법원 2016.11.08 2015가단21098
공사대금
Text

1. The defendant shall pay 50 million won to the plaintiff and 15% per annum from June 5, 2015 to the day of complete payment.

Reasons

1. Facts of recognition [based on recognition: Fact that there is no dispute, Gap's evidence 1 through 4, entry of Eul's evidence 1 through 8, purport of whole pleadings];

A. C Co., Ltd. (hereinafter “Nonindicted company”) recruited 4 bonds buyers of the relevant region around 2013 in a situation where a building construction (limited to a person who has resided in the Gyeyang-gun area for at least six months) and permission for development activities was acquired in a quantitative area, including the land of Gyeonggi-si D.

B. Around December 27, 2013, the Defendant entered into a contract for sale of land and building with the non-party company to purchase the land and building that the non-party company purchased as KRW 460 million (the contract amount of KRW 42 million on December 27, 2013; KRW 340 million on February 28, 2014; KRW 70 million on April 30, 2014; KRW 460 million on December 28, 2013; and KRW 70 million on April 30, 2014; the Defendant paid the non-party company a down payment of KRW 40 million on April 28, 2013 (hereinafter “instant contract for sale”). In accordance with the instant contract for sale, the Defendant paid the non-party company a down payment of KRW 50 million on December 28, 2013.

C. 1) Meanwhile, in relation to the tax issues, the non-party company, the defendant, and the plaintiff filed a tax return under the instant sales contract, employment and industrial accident insurance for the employees on the construction site, etc., with respect to the non-party company. The plaintiff agreed to implement the construction work as the site manager of the non-party company, and agreed to the new construction work cost at KRW 250 million. 2) The plaintiff started construction of the building on July 26, 2013 and obtained approval for the use on July 16, 2014.

From January 9, 2014 to July 7, 2014, the Defendant remitted total of KRW 200 million to the account in the name of Nonparty Company managed by the Plaintiff.

E. After that, on July 15, 2014, the Defendant: (a) between the Nonparty Company and the Nonparty Company, the Defendant: (b) 10,188,00 square meters (10,188,000 square meters); (c) Yangyang-gun G; (b) 11.56 square meters (20,000 square meters) for the first floor of the 11.56 square meters for the first floor of the 2nd floor of the concrete roof adjacent to the F-based reinforced concrete structure; and (d) 3 square-gun H.

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