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1. As to KRW 281,166,723 and KRW 220 million among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 282,00,000 from May 17, 2013 to October 15, 2015.
Reasons
1. Basic facts
A. B Co., Ltd. established the Plaintiff on May 15, 2012 by a cooperative consisting of the members who purchased the land of the Korea Land and Housing Corporation (hereinafter “instant land”) from the Korea Land and Housing Corporation.
The plaintiff is a company running real estate leasing business, housing construction business, etc., and the defendant is a company conducting construction business, civil engineering business, etc.
B. With respect to the construction of officetels buildings (hereinafter “instant building”) on the instant land by D Co., Ltd. (hereinafter “D”), and B Co., Ltd., and B Co., Ltd. entered into a real estate development consulting service contract (hereinafter “instant real estate development consulting service contract”) where D Co., Ltd. and B Co., Ltd. perform overall real estate development consulting duties, such as establishing operating plans, planning and planning of plans and business entities, selecting certified tax accountants and construction companies, selling buildings in lots, etc.
On February 24, 2012, the Plaintiff succeeded to the status of the Plaintiff on the instant real estate development consulting services agreement.
C. On June 1, 2012, the Plaintiff entered into a contract (hereinafter “instant contract for construction”) with the Defendant regarding the construction work cost of KRW 6.6 billion (excluding value-added tax), and the construction period from June 8, 2012 to August 25, 2013, with the Defendant’s construction work to construct the instant building on the instant land (hereinafter “instant construction work”).
In the instant construction contract, there is a special agreement for the Defendant to raise funds for the construction work by borrowing the construction cost from the first financial right.
D On July 5, 2012, E and E entered into a real estate consulting agreement (hereinafter “instant financial consulting agreement”) with a view to providing financial advisory services, such as financial loans, confirmation of financial institutions, and setting the period of financial loans, relating to the instant construction project.
In the instant financial consulting contract, D shall be paid 5% (excluding value-added tax) of the loans to E with advisory fees, and in relation to the instant project, total amount of KRW 200 million shall be paid.