beta
Text
1. The Defendant’s KRW 673,645,100 for the Plaintiff and KRW 20% per annum from February 27, 2015 to September 30, 2015.
Reasons
Facts of recognition
A. On August 14, 2011, B entered into a contract with the Plaintiff on the construction period as “1.5 million won (including additional tax)” with the “from August 16, 2011 to June 30, 2012,” under which the construction contract was to be concluded for the construction project to newly construct the “DB” (hereinafter “instant filling station”) on the land outside Daejeon-gu Daejeon-gu, Daejeon-gu, and three lots (hereinafter “instant site”).
(hereinafter “instant contract”). (b)
When the Plaintiff requested the Defendant to submit a written contract by designating the name of the contractor as the Defendant, the Defendant issued his seal to the Plaintiff.
Accordingly, the contract of this case was written in the name of the defendant as well as B.
C. B from September 8, 201, to June 23, 2014, paid KRW 920,000 to the Plaintiff as the construction price.
The Plaintiff issued a tax invoice equivalent to the contract amount of the instant case to the Defendant, and the Defendant received the refund of value-added tax of KRW 56,354,90 by using it, and paid the Plaintiff as the construction price.
The Plaintiff completed the instant charging station around June 2012, and obtained approval for use on or around June 14, 2012.
Around November 20, 2012, the Defendant completed the registration of initial ownership of the instant charging station in the name of the Defendant.
E. On the other hand, around January 1, 2013, B entered into a lease agreement on the instant land and filling station with the Defendant, setting the term of lease between the Defendant and his wife as “13 years from the starting date of business”.
In this contract, B and the defendant agreed as follows:
Article 8 (Duty to Return Object) E shall order the return of all the facilities for filling stations and all the facilities which are the object at the time of termination of this contract, and all kinds of permissions (permissions, etc. for Liquefied Petroleum Gas Filling Business) acquired in the name of E or changed in the name of the defendant shall be changed without compensation so that the defendant or the defendant can succeed to it.