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(영문) 대구지방법원 2015.11.26 2014가합8923
약정금반환
Text

1. The Defendant’s KRW 500,000,000 as well as 20% per annum from October 14, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the business purpose of manufacturing heat-using machinery and installing industrial boiler, etc., and the Defendant is a stock company with the business purpose of housing construction and civil engineering construction.

B. On December 31, 2012, Defendant Company entered into a contract with B (hereinafter “B”) on the contract price of KRW 15.5 billion (including value-added tax) and the period of construction from January 1, 2013 to February 28, 2014 with respect to D additional construction located in Daegu-gu Seoul-gu Seoul-gu (hereinafter “instant prime contract”).

(No. 8). (c)

Upon the request of the Defendant Company B, the Defendant entered into the said contract by increasing 1.1 billion won (including value-added tax) from the actual contract price, and agreed to return KRW 1.1 billion, excluding value-added tax, out of the said KRW 1.1 billion.

On May 15, 2013, the Defendant Company entered into a contract with the Plaintiff Company to enter into a subcontract with the amount of KRW 2.3886 million (including value-added tax) and the construction period from May 15, 2013 to March 28, 2014 (hereinafter “instant subcontract”).

(A) Evidence No. 1, e.

Plaintiff

At the time of concluding the instant subcontract, the Defendant Company was in consultation with the Defendant Company and B.

In order to return KRW 500,000,000, among the KRW 1 billion stated in Paragraph B, the contract amount of the instant subcontract was to be increased by KRW 550,000,000 (including value-added tax) compared to the actual contract amount, and among them, the Plaintiff Company agreed to pay KRW 500,000,000,000

F. The actual contract amount of the instant subcontracted project was KRW 1,830,136,463, but was reduced to KRW 1,709,200,00 due to design change, etc., and the Plaintiff Company was 2014.

6.12. Around 12.

G. The Defendant Company is the Plaintiff Company as indicated below.

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