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(영문) 의정부지방법원고양지원 2013.08.16 2012가합7281
하도급대금
Text

1. The defendant shall pay 309,958,000 won to the plaintiff and 20% per annum from July 28, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is a small and medium enterprise owner with the purpose of collective housing and customer service comprehensive agency business, etc., and the defendant is a company with the purpose of housing construction business.

B. On December 2002, the Defendant: (a) around December 1, 2002, conducted apartment sale business; and (b) around December 2002, the Defendant was a company for the development of the Daeyang Industrial Development (hereinafter “Mayang Industrial Development”); and (c) when working together with the Defendant, the Defendant

) An urban development project district in the one-time meal Dong-gu, Busan Metropolitan City (hereinafter referred to as “food service district”)

(2) On September 27, 2005, a new bank (hereinafter “new bank”) entered into a business and loan agreement with the Defendant to lend KRW 98,00,000 to the Defendant as business funds in relation to the above apartment project (hereinafter “the loan agreement in this case”). On the same day, the Defendant agreed to jointly promote the apartment housing project in A3 block and A5 block, and the large industry development was set at 70% (see the evidence 24-1) and 30% (see the evidence 24-1). The Defendant et al. (hereinafter “new bank”) and the new bank (hereinafter “new bank”) were assigned the above principal and interest of the loan against the Defendant.

3) Nonparty Incorporated Co., Ltd. (hereinafter referred to as “qar Forest”)

A) Around June 2007, the Defendant, etc. participated in a collective housing project of a meal district A5 block. However, as to the meal district A3 block, only the Defendant and the solar industrial development had been promoted a collective housing project. 4) around January 2008, the Defendant, etc., as a joint contractor, entered into a contract with the Nonparty M&D Co., Ltd. (hereinafter “Co., Ltd.”) to contract for the construction of a new apartment of a meal district A3 block (hereinafter “instant apartment”) (hereinafter “instant contract”).

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