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(영문) 대구지방법원 2018.03.15 2016가단133031
공사대금
Text

1. Defendant B’s KRW 9,060,000 and the Plaintiff’s annual rate of KRW 5% from January 10, 2017 to March 15, 2018.

Reasons

1. Basic facts

A. On May 4, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with E, the owner of the instant real estate, stating KRW 200 million (a special agreement to pay to a real estate remodeling business operator), monthly rent of KRW 500,00,000, and the lease period of KRW 10 years from the date of the Mart open (hereinafter “the instant lease agreement”).

B. On May 6, 2016, E awarded a contract for remodeling construction for the instant real estate to F, a construction business operator, for the total cost of KRW 210 million, and the Plaintiff paid KRW 200 million to F, a construction business operator, according to a special agreement under the instant lease agreement.

C. On May 19, 2016, the Plaintiff entered into a contract for the construction of electric power plant with Defendant B to install electric power plant facilities on the instant real estate, with the cost of construction of KRW 40 million (excluding value-added tax, KRW 35 million in advance, and KRW 5 million in balance), and paid KRW 35 million in advance to Defendant B.

On July 13, 2016, the Plaintiff entered into a contract for the supply of goods with Defendant C, which engages in wholesale and retail business, such as show ties and air conditioners, with the trade name of “G” in order to purchase shock cases, etc. necessary to conduct marina business in the instant real estate, and paid KRW 90 million as down payment to Defendant C.

[Ground] Facts without dispute, Gap 1, 4, and 5 evidence (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment against the defendant B

A. On August 20, 2016, F, a construction business operator of the instant real estate owner and the owner of the instant real estate, were suspended from remodeling construction of the instant real estate by giving up construction around August 20, 2016 due to the excessive demand of E, which is the owner of the instant real estate and the owner of the instant remodeling construction project, and E, filed a lawsuit against the Plaintiff to cancel the lease contract and order the building.

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