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1. The Defendant’s KRW 129,349,50 for the Plaintiff and 6% per annum from July 5, 2012 to September 25, 2014.
Reasons
Basic Facts
B and C The conclusion of the construction contract D (E and a company run by F in substance as a private enterprise operated by F together with F; hereinafter F also referred to as D) concluded with the Defendant in 2011 and agreed that D will directly enter into a subcontract with other companies under the name of the Defendant, and that D will directly proceed with the new construction of Kimpo-si G Commercial Building (E: hereinafter referred to as “G commercial building”) and the new construction of three lots of ground-based I factory buildings outside H in Kimpo-si, Kimpo-si, Kimpo-si, and the new construction of three lots of ground-based I factory buildings (hereinafter referred to as “owner”):
Accordingly, the Plaintiff actually entered into a construction contract on behalf of the Plaintiff in the name of the Defendant (hereinafter “Defendant”) and performed the construction work together with the Plaintiff. Since it is evident that the parties to each of the instant construction contracts are the Plaintiff, the Plaintiff is obviously the Plaintiff, and thus, the Plaintiff is referred to as “Plaintiff” without distinguishing between “K in a position to perform duties on behalf of the Plaintiff and “Plaintiff” at the time.
B. On May 25, 201, the term “C Corporation” entered into a subcontract with respect to the Changho Lake (including glass), and ethylll (hereinafter “B”) among the construction works of the said G G building, with the term “construction cost of KRW 180,000,000 (excluding value-added tax) and the term “from May 25, 2011 to June 30, 2011.” On June 18, 2011, the term “C Corporation” entered into a subcontract with respect to the construction cost of KRW 53,90,000 (excluding value-added tax), from June 18, 201 to August 30, 2011; and the main contents of each contract for construction and payment are as follows:
B Construction Contract
5. Contract amount: KRW 198,000,000 in daily gold ( KRW 198,00,000): KRW 180,000 in daily gold ( KRW 180,000): KRW 180,000 in daily gold ($ 18,000,000); and
6. Payment of the price;
(a) The down payment; and