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1. As to the Plaintiff KRW 46,284,00 and KRW 45,784,00 among them, the Defendant shall pay to the Plaintiff KRW 5,784,00 from March 27, 2012, and KRW 500,000.
Reasons
1. Basic facts
A. 1) Defendant and C Co., Ltd. (hereinafter “C”)
Around April 201, the Defendant paid C a license fee equivalent to 5% of the construction cost (excluding value-added tax) in return for performing new construction works by lending a comprehensive construction license from C. 2) Thereafter, the Plaintiff, the Plaintiff’s attached D and C prepared a contract for the construction of six-story buildings (hereinafter “instant contract”) with the Plaintiff and D on April 20, 201, on the land of 243 square meters in Gwangju City E-si and 243 square meters in size and F-83 square meters in size from Gwangju City (hereinafter “instant construction”) to the construction cost of KRW 640 million (excluding value-added tax).
B. 1) The Plaintiff is a national bank corporation (hereinafter “national bank”) after the completion of the instant contract.
(2) Upon receiving a loan of KRW 640,000,000 from G from May 19, 201 to May 31, 2011, C received KRW 53,985,00,00 from the above loan. In addition, the Defendant paid KRW 1,22,90,00 as the construction cost of this case to H, etc. from May 19, 201 to May 31, 201; and C paid KRW 3,390,00 as the subcontract price of this case to G and H, etc. from May 12, 2011 to October 6, 201.
3) Meanwhile, the instant construction was completed on January 16, 2012, and was newly constructed as the said construction (hereinafter “instant building”).
(C) On March 9, 2012, the registration of initial ownership was completed in the name of the Plaintiff and D, and the Plaintiff and D paid KRW 53,134,640 as the instant construction cost and value-added tax to C on April 5, 2012. (c) The Defendant filed a lawsuit against the Plaintiff, D, and C seeking construction payment, etc., and the Plaintiff, and D filed a counterclaim against the Defendant seeking construction payment, etc.
[Songnam District Court 2012 Gohap23944(the main office, ...)