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(영문) 수원지방법원 2017.04.06 2015가단135978
공사대금반환 등
Text

1. The plaintiffs' claims against defendant E company are dismissed, respectively.

2. Defendant F shall:

A. The plaintiff A 16,310.

Reasons

1. Basic facts

A. Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd.”) is a company engaging in construction business, etc., and Defendant F is a company engaged in the construction business, etc. under the trade name, “G” as a director of the Defendant Co., Ltd.

B. The Plaintiffs, on May 22, 2015, conflict as to whether Defendant F’s contracting party is deemed Defendant F or as Defendant F’s company. However, it is reasonable to view Defendant F as a contracting party as follows.

The contract for construction works was concluded with each of the following contents:

A project owner shall include value-added taxes on 30 days from the contract date ( June 27, 2015) 30 days from the contract date ( June 27, 2015) from the contract date (30 days from the contract date) 30 days from the contract date ( June 27, 2015) from the contract date (30 days from the contract date) from the contract date ( June 27, 2015), 20 days from the contract date ( June 27, 2015) for the multi-family house on the ground of Pyeongtaek-si, Pyeongtaek-si, J-si, and multi-family house on the ground of Pyeongtaek-si

(G) The room room for construction of the above 34,020,000 34,020,000 29,232,000 40,068,000 23,814,000 23,814,000 20,462,400 28,000 28,047,607,600 10,2006,200 10,206,000 8,769,600,600 8,600,600 12,020,40 12,40 20 20 3 3 1 2 2 2 3 2 1 2 2 2 2 3 2 2 2 3 2 2 2 3 2 2 2 2 3 2 2 2 2 2 3 2 2 2 3 2 2 3 2 2 2 2 2 3 2 2 2 2 2 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2 2

C. The Plaintiffs paid each of the above down payment stipulated in each of the instant construction contracts to Defendant F.

A project owner Category B CD area ratio 135/5 135/5 116/5 116/5 545 15 159/545 34,020,020 29,232,000 40,068,000 additional construction costs (won) 12,298,159 12,298,15912,298,159 10,567,307 14,484,49 final construction costs (won) 46,318,318,15946,318,318,1599,3939,39,79,79,307,54,52,499

D. After that, the Plaintiffs, as stated in the Agreement on Construction Costs with Defendant F on August 24, 2015, totaled 137,340.

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