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(영문) 창원지방법원 2019.01.10 2017가합55186
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 25, 2014, D Co., Ltd. (hereinafter “D”) concluded an agreement with E Co., Ltd. (hereinafter “E”) on the following terms and conditions:

(B) No. 2; hereinafter referred to as the “instant arrangement”); D and E agree to enter into a contract for the new construction of a commercial building (hereinafter referred to as the “instant construction”) for Franchis (hereinafter referred to as the “FF”) on behalf of D, as follows:

§ 1. [Contract and Execution of Works]

1. The contract for the work with the non-party clan shall be jointly contracted in D and E.

2.The above-mentioned rental services arising from the construction contract will be conducted in E.

4. The types of construction work applicable to civil engineering, landscaping, and reinforced concrete construction among the items of construction work shall be comprehensively E and shall be executed in person or by subcontracting in E;

5.The construction work of the type of work other than that referred to in paragraph 4 shall be executed in comprehensive D and directly or by subcontracting in D.

6.In the external functions of the above Corporation, G shall represent it.

7. The total amount of delayed compensation shall be borne by D when a delay compensation occurs because the completion of construction has not been completed within the construction period;

Article 2 [Calculation of Costs of Construction Works)

1. The amount calculated by adding profit 10% to the actual cost of E regardless of the amount of the construction contract shall be the construction cost of E;

2.The taxes and public charges related to the construction works disbursed by E shall be paid in D.

3. A statement of settlement based on the input amount shall take precedence over the amount under a construction contract.

Article 3 [Management of Costs of Construction Works)

1. The proceeds of the Corporation shall be used by opening an account in the joint name of E and D;

2.The disbursement of the Corporation shall be made through consultation between H and D, the agent of E. G.

B. On July 4, 2014, the non-party clan entered into a contract to contract the instant construction to E, and on August 20, 2014, the non-party clan entered into a contract to subcontract the said construction and reinforced concrete construction to the Plaintiff during the said construction.

(3) No. 1,2) c.

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