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(영문) 서울고등법원 2017.07.21 2016나2061182
시공자문료
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. C (hereinafter “C”) is a corporation with the objective of real estate development business, etc. established for E (hereinafter “instant commercial buildings”) development projects on the D ground in Suwon-si, Suwon-si, Suwon-si, and the Plaintiff is the representative director C.

B. On April 19, 2013, C entered into a business agreement with F Co., Ltd. (formerly: G Co., Ltd.; hereinafter “F”), which is the implementer of the instant commercial building development project, to provide all services related to the instant commercial building, including construction, loan of land, advertisement, etc., with the necessary expenses of KRW 16,00,00 per month from F, and upon the completion of the construction of the instant commercial building, C entered into a contract with F to pay the service cost of KRW 1,963,385,00 equivalent to the total sale cost of the 10th commercial building of this case.

C. On October 7, 2013, the Defendant: (a) determined the construction cost from F to KRW 11 billion; and (b) received a new construction order for the instant commercial building.

On September 3, 2014, the Defendant acquired all the instant shopping district development project rights from F, and the Defendant’s representative director H was the F’s representative director on September 22, 2014, and the Plaintiff was the F’s auditor on March 31, 2015.

E. On September 3, 2014, C entered into an agreement with the Defendant (including F) to settle all claims and obligations related to the development of the instant commercial building on the following grounds: (a) cooperation and support of the Defendant’s smooth acquisition of the business and the completion of the instant commercial building development project; and (b) the Defendant ordered C to order C to set forth 1, 5, 6, and 7 of the 10th commercial building in the instant case at the time of completion of the construction of the instant commercial building as service cost.

F. On September 23, 2014, the Defendant: (a) between the Plaintiff and the Plaintiff, as the Plaintiff performed the instant commercial building’s vicarious execution and the work of work executor; (b) and (c) within three months after the completion of the construction of the instant commercial building, KRW 130,00,000 = the first agreement execution agency and the work executor’s writing - the interest cost of KRW 50,000,000 for the resolution of the shortage of work execution.

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