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(영문) 부산지방법원 2017.02.16 2016가합41220
양수금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

C) On May 14, 2014, the construction contract between the Defendant and the Defendant is for construction of a new residential complex facility of the size of the 15th ground level below the ground level from the Defendant on May 14, 2014 (hereinafter “instant construction”).

(i)the contract for the instant construction work that is contracted for the cost of 7,041, 700,000 won (including surtax) (hereinafter referred to as the “instant contract for the construction work”).

(2) At the time of the contract for the construction work, C and the Defendant agreed to receive the construction cost by performing the construction work in this case.

The discontinuance C of the instant construction project failed to perform almost after the instant construction contract, and around August 2014, transferred the status of the contractor under the instant construction contract to E Co., Ltd. (hereinafter “E”), but the said contract was reversed due to the occurrence of the dispute between C and E, and the construction of the instant case continued to proceed.

C’s transfer of contract to Seo Young Construction Co., Ltd. on August 12, 2014 entered into a contract for transferring the status of a contractor under the instant construction contract (hereinafter “transfer of contract”) with the Defendant’s presence at Seo Young Construction Co., Ltd. (hereinafter “west Construction”), and the content of the instant contract is as follows.

The construction cost of the agreement: 3.3 square meters per 3.3 square meter per 3.3 square meter (including the conditions of design change settlement, the expected total floor area of 1,827 square meters and the fair number of 400 square meters): The tax exemption ratio shall be 57.48%, the taxation ratio shall be 42.52%, and the account statement shall be issued based on the Value-Added Tax Act.

(F) On January 1, 201, the construction of the instant construction works is to proceed with all the works, and for all the matters, such as a business entity and a human father, related to the construction works, the construction shall be designated in accordance with the Defendant, and the Defendant and C shall be the type of construction work.

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