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1. The Defendant’s KRW 57,500,000 as well as annual 6% from September 15, 2015 to May 3, 2016, and the next day.
Reasons
Basic Facts
The plaintiff is a company that aims at construction business, and the defendant is a company that runs a lodging business in the following city B.
As above, the Defendant tried to build a hotel in the above place (hereinafter “instant hotel”) to operate accommodation business in the following city B in the following city:
On March 2, 2015, the Defendant concluded a contract for new hotel construction (hereinafter “instant construction contract”) with the Plaintiff, a construction business operator.
The instant construction contract set the construction cost as KRW 869,00,000 (including value-added tax), June 15, 2014, and the completion date of the construction project on March 31, 2015, respectively.
On the other hand, on April 1, 2014, the Defendant entered into a “construction order contract” (hereinafter “instant separate contract”) with the content of awarding a new hotel to C on April 1, 2014.
According to the instant separate contract, the construction cost is KRW 1,612,600,000, and the completion date of the construction project is December 31, 2015.
The above C served as the Defendant’s internal director from January 27, 2014 to December 16, 2014.
On March 5, 2015, the time the construction of the new hotel was completed, the Plaintiff, the Defendant, and C reached an agreement on the following (hereinafter “instant payment agreement”) regarding the amount of the remaining construction cost and the method of payment of the remaining construction cost of the new hotel.
Matters to be consulted
1. A person who has paid the principal amount of KRW 100,000,000 invested by the plaintiff: The defendant;
2. 80,000,000 won paid to the Plaintiff: C in total of KRW 180,000,000.
3. On April 15, 2015, the Defendant paid KRW 130,000,000 to the owner of the Plaintiff’s building for five months the remainder of KRW 130,00,000, in five months, for the withholding amount of KRW 50,000. (The number on which the notes are put in at a bank in a balance loan) to the Plaintiff.
Meanwhile, in the process of newly constructing the hotel of this case, a civil petition on noise, etc. was filed, and C agreed that the price for resolving the above civil petition is KRW 4 million, and the Plaintiff paid KRW 26 million, thereby paying KRW 30 million out of the said construction cost.
Furthermore, the plaintiff and the defendant of this case.