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(영문) 서울북부지방법원 2016.11.30 2014가합21131
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff lent to Defendant B the amount of KRW 100 million on April 30, 2007, and KRW 100 million on May 30, 2007 (hereinafter “instant loan”).

B. On May 15, 2007, the Plaintiff entered into a contract for the interior construction of the wable located on the 9 and 10th floor of Goyang-gu D Building in Goyang-si (hereinafter “Dwab”), and completed the said construction as follows. Defendant B completed the business registration from the wable on August 20, 207 with the trade name “E”.

The construction period - the scheduled date of completion on May 16, 2007 - The contract amount on August 10, 2007: KRW 1 billion - the down payment - KRW 70 million ( May 15, 2007) - the intermediate payment of KRW 100 million ( May 30, 2007) - the intermediate payment of KRW 300 million ( June 15, 2007) - the remainder of KRW 530 million (after completion of the construction) - the additional tax of KRW 10 percent

C. On July 14, 2007, the Plaintiff entered into a contract with Defendant C to enter into a partial construction agreement on the Gwa Holdings located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Gwa Holdings”) with the following content:

(hereinafter referred to as “each of the instant construction contracts” in combination with the construction contracts referred to in the above (b). Construction period: July 17, 2007 on the date of commencement, and August 30, 2007 on the scheduled date of completion: 250 million won: Payment after completion of the construction - 10% of the value-added tax after completion of the construction.

D. The Defendants, as of January 19, 2009, drafted the following “written notice of payment of the construction cost” (Evidence A No. 4) to the Plaintiff.

(hereinafter referred to as the “instant payment arrangement”). The Defendants agreed to pay to the Plaintiff KRW 630 million jointly and severally until April 30, 2010, the remainder of the construction cost for the installation work of E (Yanyang-gu D. 9 and 10th floor of Goyang-gu D.) (Yanyang-gu, Yangyang-gu) (hereinafter “instant payment arrangement”).

E. On January 3, 2013, the Defendants drafted a “statement for the payment of the remainder of the construction cost” (Evidence 5) stating that the Defendants were to pay KRW 630 million to the Plaintiff by April 30, 2010, but failed to comply therewith.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, 6, 7, and 10, the purport of the whole pleadings

2. The plaintiff.

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