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Reasons
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(영문) 수원지방법원 2019.07.04 2018나77692
청구이의
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is a company that mainly engages in the construction business, etc., and the defendant is a person who runs the windows and metal construction business.

B. On September 9, 2015, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) in which multi-household houses are newly built on the ground D (hereinafter “new construction of this case”), and agreed that C shall directly perform the new construction of this case and lend the Plaintiff’s construction license, and the Defendant shall pay to the Plaintiff management fee of KRW 31,584,00 (excluding value-added tax) (hereinafter “the first agreement”) in return, as follows.

1. The amount of the construction contract is KRW 1,052,80,000,000 won per day as a criterion for deliberation (excluding value added tax; KRW 1,052,80,000); the construction cost is KRW 1,000,000,000 won per day (excluding value added tax; KRW 1,052,80,000); the management fee is KRW 31,584,000,000 (excluding value added tax); and the management fee is KRW 31,584,00,000,000

2. The value-added tax generated by the plaintiff in relation to the construction work shall be paid by C;

3.E shall concurrently perform on-site management and directly perform on-site management, and shall submit to the defendant before completion all construction-related documents.

9. E, upon the subcontract, shall prepare and submit to the Plaintiff a written subcontract agreement to the Plaintiff that the Plaintiff is not obligated to pay the construction cost relating to this project and in any case does not claim to the Plaintiff, and shall carry out the work in question after submitting it.

10. C is responsible for the issue that may arise due to the failure to pay the payment for the completed portion (construction cost) to the Plaintiff, and in particular, the amount payable to the lower-level companies, material costs, etc. shall be paid by C. In this regard, C shall be liable for the Plaintiff’s damages and compensate for the Plaintiff

C. On December 30, 2015, the Plaintiff is a new construction corporation with C and the instant case.

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