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(영문) 수원지방법원안산지원 2015.07.09 2014가합3518
공사대금청구
Text

1. The defendant shall pay 166,00,000 won to the plaintiff and 20% per annum from May 29, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of manufacturing and installing painting facilities, containers, facilities, etc. with the trade name of “C”, and the Defendant is a company engaged in the business of manufacturing motor vehicle parts, the business of treating deadly, etc.

B. On April 18, 2011, the Defendant entered into a construction contract with D and 3BOH seal (hereinafter “instant construction”) with respect to the construction work, KRW 580 million for the construction cost, and paid KRW 35 million to D as down payment on May 13, 201, KRW 50 million for the total amount of KRW 85 million on July 15, 201, and KRW 85 million for the down payment.

C. The Defendant intended to obtain a business loan and bear necessary expenses for the instant construction project, and as a result, it was difficult to obtain a business loan due to D’s construction performance, the Defendant concluded a construction contract under the Plaintiff’s name that satisfies the performance conditions.

Afterward, the defendant received the down payment of KRW 85 million from D on October 21, 201.

Accordingly, on May 13, 2011, the Plaintiff and the Defendant drafted a side construction contract for the instant construction project with the construction cost of KRW 1.2 billion (excluding value-added tax) in order to lend the Defendant’s business funds, and the Defendant is called the Busan Bank (hereinafter referred to as the “Resan Bank”) under the above side construction contract using the above side construction contract.

From August 31, 201, the Plaintiff’s account was financed with KRW 250 million on August 31, 201, KRW 330 million on October 20, 201, KRW 100 million on December 5, 201, KRW 100 million on January 17, 201, KRW 840 million on a total of KRW 840 million.

E. Upon the Defendant’s request, the Plaintiff issued a tax invoice equivalent to the amount of the above loan to the Defendant, and accordingly paid KRW 84 million to the Defendant.

F. The Plaintiff: (a) KRW 100 million on August 31, 201, among the above loans deposited from the Busan Bank; and (b) the same year

9.1.1.18 million won, and the same year;

9. 22.10 million won, 13.15.15.15.1 of the same year, 200 million won on October 20 of the same year, 20.20 million won on October 20 of the same year, 11.12.14,00 won on November 21 of the same year, 10.10 million won on December 10 of the same year, 12.10 million won on December 5 of the same year, 12.6.5,6 million won on June 5, 201, 17, total of KRW 742,000,000 on January 17, 2012.

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