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(영문) 수원지방법원 2018.04.26 2016가단47221
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 132,00,000 and the interest rate of KRW 15% per annum from November 18, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 25, 2014, the Defendant awarded a contract for the construction of a new apartment building on the ground B in Gangseo-gu Seoul Special Metropolitan City (hereinafter “instant construction”) to the Gicheon Construction Co., Ltd. (hereinafter “Ficheon Construction”) at KRW 1.85 million.

B. However, following the waiver of the construction work in the middle, the Defendant contracted the instant construction work to the Plaintiff on October 10, 2014, and decided to deduct and settle the part of the construction work already executed between the Plaintiff and the Plaintiff from the construction cost.

C. Around that time, the Yongsan Construction Co., Ltd., which received a subcontract for reinforced concrete construction from the instant construction site, was exercising the right of retention.

For the defendant's request and resumption of construction, the plaintiff paid KRW 132 million to the fixed construction for the settlement of lien, and received the site (hereinafter referred to as "expenses for settlement of lien"), and the defendant paid the expenses for settlement of lien to the plaintiff by including the above expenses for settlement of lien in KRW 1950 million.

On the other hand, the plaintiff continued to perform the remaining reinforced concrete construction work on the same day, and paid 22 million won as advance payment on the same day.

Accordingly, although the Plaintiff continued to perform the instant construction project, it became impossible to continue the construction project from December 2014 to the wind where the loan of financial rights is unnecessary.

E. Around March 2015, the Defendant entered into a business agreement (so-called “Y”) with Han River-M Co., Ltd. (hereinafter “ Han River-M”) with the following content:

(No. 7, hereinafter referred to as "the instant business arrangements"). The HanjM in the Defendant's business, which is an executive officer, shall perform the overall duties on behalf of the executive officer.

[Contents of Business: Selection of a seller and a contractor, procurement of construction costs, and selection of a trustor (excluding trust costs)]. The defendant shall pay the agency cost to Han RiverfM.

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