(영문) 수원지방법원성남지원 2014.07.25 2013가합13005

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(영문) 수원지방법원성남지원 2014.07.25 2013가합13005

물품대금

Text

1. The defendant shall pay 272,624,00 won to the plaintiff and 20% per annum from January 3, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. C and D, the actual representative of B Co., Ltd. (hereinafter “B”) entered into an agreement with respect to the construction of the Daejeon Seo-gu E-ground Officetel (hereinafter “instant construction”) in force on March 11, 201, as follows:

B The representative C refers to “A” and “B”, and with respect to the construction site of this case, the following agreements shall be made, and “A” and “B” shall be performed on the basis of good faith.

A. L. L. L.I.

1. “A” means the work of “B” on the exclusive right of execution and its ancillary matters in relation to the work at a specific place of business, and the construction cost per square year shall be three million won including the total construction cost (construction cost) due to the execution, and the basic matters pertaining to the work shall be determined by the standard construction contract and drawing(s) and the detailed matters shall be determined by mutual agreement between “A” and “B.”

2. “B” may transfer any construction work to a third party in connection with the construction of the workplace.

3. “B” must notify and confirm to “A” when transferring to a third party the execution right and any matters pertaining thereto.

4. The payment of the construction cost shall be made in accordance with the consultation between “A” and “B”, and shall be made in order of 1) banks’ interest, taxes, and 2) construction cost when the sales price is deposited.

Provided, That the expenses borrowed by “A” for the initial project cost shall take precedence over the bank.

5. The payment of progress payment for a portion of the incidental matters resulting from the payment of construction expenses shall be made in consultation with each other according to the situation and sale rate of the collaborative enterprise determined by “B”;

6. The method of payment on the basis of the sale rate set by “A” should be paid at 30% in the event that the sale is less than 30%, 15% in the event that the sale is less than 50%, and 10% in the event that the sale is more than 50%

7. The repayment of the initial business expenses and driving capital borrowed from “B” within two months from the date on which the agreement is concluded, and no interest shall accrue therefrom.

B. Since then, Co., Ltd. F (hereinafter “F”).

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