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(영문) 서울남부지방법원 2014.09.16 2013가합226
공사대금
Text

1. The part concerning the confirmation of the absence of a claim for construction price among the applications filed by the independent party shall be dismissed.

2.(a)

Reasons

1. Basic facts

A. On April 26, 2012, the Defendant, as the owner of each real estate listed in the separate sheet No. 1 (hereinafter referred to as “the instant cartel”) used for accommodation facilities, contracted Nonparty D with the remodeling project of the instant cartel (hereinafter referred to as the “instant construction”) for KRW 750 million.

B. After the completion of the construction at the time of the above contract, the Defendant and D agreed that D shall lease the instant franchise to the Defendant for KRW 300 million, and that the Defendant shall pay D only KRW 450 million out of the construction price and the payment of the construction price, and that the remaining KRW 300 million shall be deemed to have been paid again as the lease deposit and shall be returned at the time of the termination of the lease.

C. On May 24, 2012, D, while carrying out the instant construction project, led the establishment of “F” interior contractor, which is the Plaintiff’s representative and D’s wife E, and drafted a construction contract agreement between the Defendant and the contractor on June 27, 2012, in which the contract amount is KRW 750,000,000 (excluding value-added tax).

Then, the Defendant paid the Plaintiff KRW 524,09,000 in total as the construction cost of the instant case.

On the other hand, D suggested that the Intervenor, who operated a lodging facility in another place, would have been operating the instant construction cost of KRW 300 million after the completion of the construction, leased and operated the instant cartel in lieu of the lease deposit.

On June 5, 2012 to July 29, 2012, the intervenor remitted to D KRW 39,422,00,000 as the name of the removal hole and the tree wage, etc., and on August 7, 2012, the intervenor delivered KRW 280,000,000 as the check and paid KRW 319,420,000 in total.

A lessor of a monthly rent contract for a building: A lessee of a building: The amount of KRW 300 million per month: A special agreement shall be entered into between September 20, 2012 and September 20, 2014.

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