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Reasons
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(영문) 수원지방법원성남지원 2019.01.11 2017가합409581
공사대금
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1. The Defendant’s KRW 200,244,530 as well as the Plaintiff’s annual 6% from February 21, 2017 to December 5, 2017, and the following.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is a multi-household housing with 12 households above Hanam-si, Hanam-si (hereinafter “instant loan”).

) New Construction Works (hereinafter referred to as “instant Construction Works”)

2) The Defendant granted comprehensive power of representation to G and F regarding the work of this case to the actual operator of F Co., Ltd. (hereinafter “F”) as the spouse E of D Co., Ltd., an investor in the new construction of the instant loan.

B. 1) G concludes a contract on behalf of the Defendant that entrusts the instant construction work to the Plaintiff on behalf of the Plaintiff (hereinafter “instant contract”).

A) A verbal contract was concluded. The time when the instant contract was concluded is unclear on the record, and the Plaintiff asserted that it was around May 2015. According to the collective building ledger of No. 1, the date of the commencement of the instant loan was August 27, 2015. Thus, the instant contract was concluded at least before the date of the commencement of the instant construction. (2) On the other hand, G prepared a contract agreement on the construction of the instant loan on behalf of the Defendant with H Co., Ltd. (hereinafter “H”).

B. 1) The Plaintiff completed a new construction project around April 2016, and completed approval for use on the 28th of the same month. On May 3, 2016, the registration of preservation of ownership in the name of I Co., Ltd. was completed, and each registration of ownership transfer in the name of the Defendant was completed on July 12, 2016, after the completion of the construction project as above, on behalf of the Defendant, on July 11, 2015, after the completion of the construction project, and F drafted a written agreement (hereinafter “the instant settlement agreement”) with the content of KRW 466,24,530 on behalf of the Defendant.

Settlement Agreements

1. Construction name: Construction of a J building in C;

2. Details of the classification of construction amounts; and

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