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1. Defendant B Co., Ltd.: (a) as to KRW 107,585,200 and KRW 9,585,200 among the Plaintiff, from March 6, 2018, and KRW 98,00.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that aims at the construction business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that aims at real estate sale and sales agency business.
B. On March 18, 2015, the Defendant Company entered into a contract for the sale of E land with F, etc., the owner of a real estate with a scale of 4,612 square meters in Gyeonggi-gun, Gyeonggi-do (hereinafter “E land”). On March 1, 2015, the Defendant Company entered into a construction contract with the Plaintiff, a housing contractor, on a contract for construction works on a electric source house with a scale of 30 square meters on land (hereinafter “G building”).
The main contents of the instant basic contract: Defendant Company A: Plaintiff 2 [Status of “A” and “B”] has the status of a sales agency for E land, and “B” has the status of a sales agency for E land.
Article 3 (Sharing of Duties) 1) “A” shall perform the following duties: (2) “A” shall transfer the housing construction right of an object to “B” at the same time as this contract is made; (2) “B” shall perform the following duties:
(2) In the case of construction by concluding a housing construction contract on the land sold in lots with the efforts of "A", "B" shall proceed without fail by the process in accordance with the "new housing construction contract".
Article 5 [Unit and Receiving Method] (1) The unit cost of housing construction for sale shall be 4,00,000 won (excluding value-added tax)/pro rata.
(4) All the construction price shall be deposited from the buyer to the account of “A”.
Article 6 [Payment of Construction Price] ① Acceptance of Article 5, and “A” shall be paid immediately to “B” when the seller receives construction price for each process from the buyer:
When 30% of the total construction cost of the first installment begins, 10% of the total construction cost of the second installment upon completion of 40% of the total construction cost of the second installment shall be 10% of the total construction cost of the third installment upon completion of 10%.