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(영문) 수원지방법원 2021.02.16 2019나90555
기타(금전)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

. Facts of recognition.

A. The Plaintiff is a person engaged in the construction business under the trade name of “C,” and the Defendant is a person who operates the automobile repair business under the trade name of “D.”

3. On June 4, 2018, the contract amount of 220,000,000 won on August 5, 2018 as of June 4, 2018 (Separate Value-Added Tax Table) 10. Special contract details * The portion executed by the owner of a building in accordance with the contract specifications (Quantities) and the existing materials shall be settled after confirmation (a photograph, settlement document attached thereto) between the owner of a building and the contractor.

* On June 2018, the Plaintiff entered into a contract with the Defendant for new construction of E-ground commercial housing (hereinafter “instant contract”). On June 2018, the Plaintiff entered into a contract on the following matters with respect to the construction of E-ground commercial housing (hereinafter “instant contract”).

(c)

After that, the Plaintiff and the Defendant agreed to reduce the construction cost under the instant contract into KRW 172,00,000 (Separate Value-Added Tax).

Some design changes included: 50,000,000 won, excluding the amount of subsidies for the owner, paid to C Company A, and C Company A promised to pay to Emercians, and in the event that C Company A entered into this agreement, C Company A will be liable for civil and criminal liability, and C Company A will not be liable to D with the principal contractor (D).

C The settlement amount of 21,900,000 Won, all obligations are terminated, and thereafter, C and E are liable for civil and criminal liability.

(d)

On the other hand, the Plaintiff and the Defendant, on February 12, 2019, drafted a “written consent on material cost and labor cost” (hereinafter “instant written consent”) with the following content.

E. The Defendant: (a) KRW 22,00,000, in accordance with the instant contract and the instant written consent, to the Plaintiff.

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