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(영문) 수원지방법원 2015.12.02 2013가단103144
정산금
Text

1. Defendant D’s annual interest in KRW 50,00,000 to the Intervenor succeeding to the Plaintiff, as well as in December 1, 2010 to December 2, 2015.

Reasons

1. Facts of recognition;

A. Defendant D delegated the disposal of the above land from Nonparty F, the owner of the land, etc. in the city of the wife population E, to newly construct and sell the entire house. During the process, Defendant D decided to sell the entire house to the public works and construction of the electric source house, the Plaintiff, and the sale of the electric source house, as the Plaintiff, G Co., Ltd. (hereinafter “Nonindicted Company”).

B. However, at the time, the land owned by F was not subject to a building permit, and the Plaintiff and the non-party company intended to build a model house on the land H and I land, the wife of Defendant C, the wife of Defendant C, and Defendant D consented thereto.

C. At the beginning, Nonparty J was scheduled to perform construction work at KRW 96 million per square meter on the basis of the building area of KRW 32,00,000 per square meter, but around June 2010, L representative M, the representative director of the non-party company, who was a construction business entity, was executed by the introduction of K. Since the addition of external eck expansion works and interior interior interior interior interior decoration works, the construction cost was adjusted to KRW 1.4 million, and around September 2010, the construction work was completed for the new construction of the second floor of the general wooden structure (hereinafter “instant model housing”).

As above, on the ground that the Plaintiff was in charge of the construction of the model housing in this case, the Plaintiff and Defendant D agreed to pay the construction cost first, and then settle the construction cost when Defendant D obtained or disposed of loans as security for the model housing in this case. Accordingly, on August 12, 2010 for the payment of the construction cost, the Plaintiff paid KRW 30,100,000,000 to the M’s account, which is the constructor, through the law firm mid-Yol’s account, and on November 26, 2010, transferred the KRW 10,100,000 to the M’s account around November 26, 2010. The Intervenor succeeded to the Plaintiff requested by the Plaintiff, on September 2, 2010, transferred the KRW 20,000 to the Non-Party O’s account, which is the subcontractor of M’s sewage business on September 2, 201.

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