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(영문) 수원지방법원 2020.08.12 2018가합14567
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 147,186,173 and its KRW 32,00,000 among them, the Defendant (Counterclaim Defendant) shall have on November 14, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 2015, the Defendant concluded a service contract on behalf of the Plaintiff with respect to the development of each housing complex to pay 40 million won per parcel sold to the Plaintiff (32 million won per parcel if a parcel is divided into five parcels), 50 percent at the time of the sales contract with the buyer, 30 percent at the time of receipt of the payment of the sales price, 20 percent at the time of receipt of the payment of the sales price, and 50 percent at the time of receipt of the payment of the sales price, and 50 percent at the time of receipt of the payment of the sales price, where the transfer of ownership is registered within two months with respect to the buyer within two months.

(hereinafter “instant service contract”). B.

On January 10, 2016, the Plaintiff received a contract from the Defendant for the construction of a new model of detached house (hereinafter referred to as “instant model house”) on the instant land by setting the construction cost of KRW 330 million (including value-added tax) and the construction period from January 30, 2016 to August 30, 2016.

(hereinafter “instant construction contract”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 3, and the purport of the entire pleadings

2. Determination as to the claim under the instant service contract

A. The part concerning the Plaintiff’s main claim 1) The summary of the Plaintiff’s claim is as follows: (a) although the instant land, which is two parcels, was divided into five parcels as a result of the Plaintiff’s service business under the instant service contract, was sold in lots; (b) the Defendant is the E Co., Ltd., a

The defendant does not pay service fees for each part of the sale of one parcel to F, and the defendant shall be entitled to the above payment to the plaintiff.

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