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(영문) 수원지방법원 2015.08.20 2014가합69231
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 15, 2011, the Defendant concluded a contract with C to have C perform the duties of authorization, permission, appraisal, etc. necessary for the construction of officetels and neighborhood living facilities on the land of Osan City D, E, F, and G (hereinafter “instant project”).

B. After that, on November 21, 2011, the Defendant entered into a contract with H (hereinafter “H”) to take over and implement all the business affairs of the instant case that H had been carried out by H in accordance with the said agreement, and entered into a sales contract with H to sell the said land at KRW 14.5 billion on November 23, 201.

C. On February 13, 2012, the Defendant and H changed the owner of the instant project from the sole name of the Defendant to the H joint name.

On September 1, 2011, the Plaintiff entered into a service contract with H and the Plaintiff to design the interior of the instant officetel at KRW 40 million (hereinafter “instant design service contract”).

The Plaintiff received KRW 4 million out of the above service costs from H, and completed the design in accordance with the above service contract.

E. On December 14, 2011, the Plaintiff entered into a construction contract with H and the Plaintiff to newly construct a model housing unit for the instant officetel in KRW 385 million (hereinafter “instant construction contract”) and delivered the instant construction contract to H after completing the construction work for the model housing unit under the said construction contract.

F. On August 6, 2012, I representing H and the Defendant: (a) transferred all rights related to the implementation of the instant project to the Defendant at KRW 200 million; and (b) the Defendant, while carrying out the instant project, prepared a contract with the following content (a evidence No. 11; hereinafter “instant contract”); and (c) concluded a contract with the Defendant to take over the obligation to H’s collaborative companies, etc. (including the Plaintiff) arising from the implementation of the instant project:

Article 2 (Rights and Duties of Defendant)

2. The defendant shall pay KRW 200 million to H, which is the executor of the above project, for the reorganization of H and persons related to the project.

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