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(영문) 서울중앙지방법원 2020.07.09 2018가합548390
손해배상(건)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 29,786,394 to the Plaintiff (Counterclaim Defendant) and its amount from July 26, 2018 to July 9, 2020.

Reasons

[This lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim]

1. Basic facts

A. (1) Around August 2016, the Plaintiff owned the “Seoul-gu Seoul Special Metropolitan City Seoul Special Metropolitan City C large 159 square meters.” However, around August 2016, the Plaintiff purchased D large 119 square meters and E large 7 square meters and owned “Seoul Special Metropolitan City C large 285 square meters (hereinafter “instant land”). 2) The Plaintiff planned to build a multi-family house on the instant land and planned to operate a rental business after constructing a multi-family house on the instant land. On October 28, 2016, the Plaintiff agreed to set the construction cost of the said new multi-family house (hereinafter “instant construction”) at KRW 992,00,000.

3) Around November 2016, the Plaintiff, while paying F Co., Ltd. KRW 50,000,000, was performing a construction contract. From March 2017 to January 2018, the Plaintiff completed the instant construction work by the Defendant following the instant construction work. On the other hand, the Plaintiff extended KRW 50,000,000 from F Co., Ltd. to F Co., Ltd., by regarding the Defendant’s representative director G’s spouse H (K) around the said construction contract as around January 2018.

B. Contents 1 of each contract drawn up between the original Defendant and the Defendant, which the Defendant started to undertake the instant construction work from March 2017, written the following contracts. - Standard contract for private construction works - The name of the construction: The date scheduled for completion of construction: March 31, 2017: the contract amount on October 30, 2017: The contract amount of KRW 850,000,000 (excluding value-added tax): The Plaintiff contractor: (a) the Plaintiff, on March 15, 2017, prepared the following contracts (Evidence 4) with the intent to contract the instant construction work to J Co., Ltd., holding a construction license:

hereinafter referred to as "the contract document dated March 15, 2017" is called "the contract document".

(3) On March 31, 2017, the Plaintiff entered into a contract with the spouse H(I) of the Defendant’s representative director with respect to the instant construction project as follows (Evidence B(1).

not more than 10.

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