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(영문) 춘천지방법원 강릉지원 2018.09.18 2017나1520
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiff is a business operator engaged in temporary re-lease business with the trade name of C, and the defendant is a corporation that runs a construction business, etc.

B. I implemented multi-household housing construction projects, and J, around 2015, intended to operate a business of constructing multi-household housing with 16 households of 16 units on the land, and a business of constructing multi-household housing with 16 units of 2nd floor on the land, other than L, and 4 units (hereinafter “instant business”).

C. 1) I, J loaned the name of the owner from D, M to D, and M. 2) The Defendant was awarded a contract for the instant project from D on December 7, 2015, with the construction cost of 1.566 billion won (including value-added tax) and the construction period from December 7, 2015 to June 30, 2016.

3) The Defendant, from M on January 7, 2016, was awarded a contract for construction of a new multi-household house on the land, other than 1 billion won (including value-added tax) in the construction cost, and the construction period from January 7, 2016 to August 30, 2016 (hereinafter collectively referred to as “instant construction” in total, of the construction works described in paragraphs (2), (3).

(d) On December 10, 2015, the Defendant awarded a subcontract between the Defendant and the U.S. Co., Ltd. (hereinafter “unborn”) with the contract price of KRW 712 billion (including value-added tax) during the instant construction project and the construction period from December 10, 2015 to June 30, 2016.

2) On January 10, 2016, the Defendant subcontracted construction of a newly built multi-household house on the ground of L and four parcels (including value-added tax) among the instant construction works to the United States on January 10, 2016, with the contract price of KRW 712 million (including value-added tax) and the construction period from January 10, 2016 to August 30, 2016. 3) The name of each subcontract made between the Defendant and the United States entered into a fair contract into between the Defendant and the United States into a "general contract" as a "general contract," and the matters stipulated in a special agreement are temporary sites

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