logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2016.09.29 2015가합11294
용역비 등 청구의 소
Text

1. The Defendant’s KRW 640,058,350 for the Plaintiff and the following: 6% per annum from November 12, 2015 to September 29, 2016.

Reasons

1. Facts of recognition;

A. The Defendant entered into a service contract between C and the Defendant is a corporation that was established on February 23, 2010 and engages in housing construction and housing site preparation projects, etc.

With respect to the so-called “E urban development project” (hereinafter “instant urban development project”), which the Defendant is scheduled to implement in Dong Young-si, the Defendant proposed on June 23, 2015 that the Defendant, a representative director of F, purchase the project site equivalent to the amount of 68,000 square meters in the name of the Defendant, in the name of the Defendant, to the so-called “E urban development project” (hereinafter “instant service contract”). Accordingly, C and the Defendant concluded a service contract with the content that C shall pay the Defendant to C in return for the prop work as above (hereinafter “instant service contract”).

The Defendant paid C 13,00,000 won in advance on July 1, 2015 and the total of KRW 3,000,000,000 on July 20, 2015.

Accordingly, C, along with G, H, etc. (hereinafter “C, etc.”) from June 30, 2015 to August 7, 2015, had 47,235 square meters of land equivalent to KRW 13,061,167,00 in total, as indicated in the list of the land purchased in the attached Form from June 30, 2015 to August 7, 2015.

B. On August 4, 2015, the Plaintiff established the Plaintiff Company and the assignment of claims were established for the purpose of urban development projects, etc., and I, a representative director, shall be C’s children.

C On June 23, 2016, after transferring the claim for service price under the instant service contract to the Plaintiff, C notified the Defendant thereof.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, each entry of Gap evidence 1 through 11, and 19 (including paper numbers), witness H, G, and C's testimony, part of the defendant's personal examination result, the purport of the whole pleadings

2. The assertion and judgment

A. (1) At the time of entering into the instant service contract, the Defendant asserted by the Plaintiff, at the time of entering into the instant service contract, set 5% of the total purchase amount of land necessary for the instant urban development project at the service cost, and purchased land below one million won per square.

arrow