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(영문) 수원지방법원 안양지원 2018.07.05 2017가합303
손해배상(기) 등
Text

1. The Defendant’s KRW 31,133,603 as well as the Plaintiff’s annual rate of KRW 5% from July 1, 2017 to July 5, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company running indoor construction business, etc., and the Defendant is a company that runs the sales and rental business of commercial buildings and newly built houses.

B. On September 9, 2015, the Plaintiff entered into a contract with the Defendant for a new construction of multi-household housing in Chungcheong-gun C (hereinafter “instant construction”) by setting the construction cost of KRW 1,052,80,000, and the construction period from September 10, 2015 to March 30, 2016 as the contract to receive a contract.

C. The Plaintiff and the Defendant are on September 9, 2015.

In concluding the contract as stipulated in Paragraph (1), the Defendant directly executes the instant construction work, and the Plaintiff lent the construction license to the Plaintiff in return for the agreement that the Defendant shall pay the Plaintiff management fee of KRW 31,584,000 (value-added tax separate) (hereinafter “the first agreement”). The main contents of the agreement are as follows: (a) the construction contract amount is KRW 1,052,80,000,000 per day according to the average standard; (b) the construction cost is KRW 1,052,80,000,000 per day; (c) the construction cost is KRW 1,052,80,000,000 per day; and (d) the management fee is KRW 31,584,000,000 per day according to VAT.

2. Additional taxes arising from the Plaintiff in relation to the construction work shall be paid by the Defendant.

3.D concurrently shall conduct on-site management and directly execute it, and shall submit to the defendant before completion all documents related to the construction.

7. Management expenses shall be settled immediately when documents for the completion of construction are received.

9. D At the time of a subcontract, D shall prepare and submit to the Plaintiff a written subcontract agreement to the Plaintiff that the Plaintiff is not the Plaintiff, and in any case, it will not claim the Plaintiff for the payment of the construction cost related to the construction project, and shall perform the work in question

10. The issue that the Defendant has accrued due to the failure to pay the payment for the completed portion to the Plaintiff is liable to the Defendant. In particular, the amount payable to the lower-level companies, material costs, etc. is paid by the Defendant, and in relation thereto, damage to the Plaintiff

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