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(영문) 서울중앙지방법원 2019.04.03 2018가합541085
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The trade name was changed from Defendant L to Mro Co., Ltd. on August 7, 2017, and as of December 27, 2017, respectively.

Co., Ltd. and C, D, and E) The Defendant is exempt from the entry of C Co., Ltd. (the representative F, et al.) in the name of the Company.

B) On October 21, 2014, the Defendant’s construction of the instant construction of the Hable block apartment house (hereinafter “instant construction”) from C on October 21, 2014, the south-gu Seoul Special Metropolitan City G ground-based G site-based construction

(2) A contract for the first modification of the terms and conditions as follows was entered into between the construction cost of KRW 4,519,596,00 (including value-added tax) and the construction period of KRW 4,596,000 (including value-added tax) and the construction period from October 21, 2014 to December 30, 2014; and the first modification contract was entered into on November 17, 2014 with the content that the construction cost of KRW 4,739,49,847 (including value-added tax) increased to KRW 4,739,49,847 (including value-added tax) (hereinafter collectively referred to as the “instant contract,” and the terms and conditions of the instant special agreement shall be

1) If an additional construction cost has been incurred due to changes in the design, additional construction, or changes in the details of construction in addition to the contract amount of the standard contract for private construction works entered into by “A” (C, the same shall apply hereinafter) and “B” (hereinafter, the same shall apply), the additional construction cost shall be entered into with the agreement of “A” and “B” under the agreement of “B.”

2) The final final settlement amount shall be calculated as the actual project cost. 3) The “A” pays 20% of the final completion amount as the construction profit of “B”.

At this time, the method of amending an existing contract agreement or concluding an additional contract for construction works shall be dealt with under mutual agreement.

2) On October 21, 2014, the Defendant concluded a contract with D (Representative Director I) for each of the construction cost of the J-B block 3,207,340,000 won (including value-added tax, construction period from October 21, 2014 to December 30, 2014).

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