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(영문) 서울서부지방법원 2019.04.16 2018가단223002
소유권이전등기
Text

1. The defendant shall pay 95,340,000 won to the plaintiff and 15% per annum from November 14, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On May 2013, the Defendant: (a) contracted to Nonparty E and F for the Down Construction Work of the 1st Ground 7th floor underground floor in Eunpyeong-gu Seoul (hereinafter “instant Construction Work”); (b) in order to resolve the qualification problem of the site director and the issue of tax invoices, the Plaintiff, in formality, contracted to the Plaintiff and issued tax invoices to the Plaintiff; and (c) in fact, the Plaintiff issued tax invoices and re-subcontract to E and F; and (d) the Plaintiff’s representative director agreed that E and F serve as the site director of the said construction; and (e) the Plaintiff agreed that the Plaintiff would receive KRW 30 million from E and F in the name of the site director of E, F and G, and that the Plaintiff would receive KRW 30 million from E and F in the name of the site director of E and G.

B. Accordingly, as of May 17, 2013, the written contract for the construction work was drawn up between the Defendant and the Plaintiff, and the Defendant agreed to transfer the instant four sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

C. The Plaintiff paid the amount of KRW 59 million for employment and industrial accident insurance premiums to be paid by E and F while performing the construction work and KRW 6,340,000 for value-added tax.

(hereinafter referred to as “the instant substitute payment”) D.

E and F entered into a purchase contract with the Plaintiff on October 10, 2014 with the content that, in order to resolve the instant substitute payment and the field director’s benefits to be paid to the Plaintiff, the Plaintiff would sell to the Plaintiff among the four units of this case that the Defendant agreed to be transferred from the payment in substitutes to the Plaintiff, but the Plaintiff would be paid only the balance calculated by deducting 95,340,000 won, including the Plaintiff’s substitute payment and the field director’s benefits from the sales amount of KRW 200,000,000,000 from the Plaintiff as the sales amount.

(However, the L, M, and H appears to be the clerical error in the purchase contract of Gap evidence 3. E.

E and F are the content of the above purchase contract on October 22, 2014.

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