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(영문) 수원지방법원평택지원 2016.01.26 2015가단7997
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person engaged in the construction business with the trade name called “C”. 2) The Defendant is an owner of G(E) large 714 square meters (hereinafter “instant site”).

B. On the instant site, around November 18, 201, the Defendant: (a) on the ground of the instant site, as introduced by the Branch F, built the steel frame and the board board construction works among the construction works for the new neighborhood living facilities in the light steel structure, sand position plate, the roof of the instant site; (b) around November 18, 201, the Defendant (hereinafter “instant construction works”).

(2) On December 201, 201, the Plaintiff completed the instant construction work as a first patrol officer.

3) On February 9, 2012, the Defendant: (a) around February 9, 2012, 160.91 square meters (retailing stores) and 15.09 square meters (general restaurants; hereinafter the same shall apply) of light capacity, steel structure, sand site location panel, roof 1 and 160.91 square meters (retail stores) of Class I neighborhood living facilities and Class II neighborhood living facilities; and (b) 15.09 square meters

(4) From November 21, 2011 to January 2, 2012, the Defendant paid the Plaintiff KRW 49,950,000, totaling the construction cost of the instant case three times from November 21, 201 to January 2, 2012.

C. Around September 2013, G, a parent of the Defendant, donated KRW 74 million to the Defendant, who returned to the Plaintiff, and paid gift tax. He reported the cost of construction of the building and incidental expenses to the amount of cash and the gold savings under He paid. He reported the cost of construction of the building as the amount of cash and the gold savings at He was paid. He presented a detailed financial evidence on the construction cost of the building. (2) The Defendant submitted a notice to the Samsung-U.S. on the following grounds: (a) Around September 2013, G, a parent of the Defendant: (b) the Plaintiff’s instant construction contract; (c) the details of transfer of the construction cost of the building; and (d) the Plaintiff’s business registration certificate; and (c) the Plaintiff submitted it to the Plaintiff’s report.

3. Meanwhile, the Plaintiff omitted sales of KRW 49,800,000 related to the instant construction project.

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