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Reasons
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(영문) 서울중앙지방법원 2018.10.17 2018가합516478
공사대금
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff’s status of the parties is a company established on March 17, 1993 for the purpose of manufacturing, selling, and providing services for building materials. Plaintiff Home T&D Korea is a company established on September 23, 2003 for the purpose of importing, distributing, and selling harvested housing materials. The Defendant is a company established on October 1, 2003 for the purpose of carrying out real estate trust and related services.

(b) the conclusion of the contract and the purchase contract 1) The diesel Work Co., Ltd. (hereinafter referred to as the “Nel Work”).

2) The project to build a canal well in East Asia (hereinafter referred to as the “instant project”).

As an executor of the company on September 15, 2014 (hereinafter referred to as “Dried Co., Ltd”).

(2) The construction of another canal wells (hereinafter referred to as the “instant construction”).

(1) The contract amount was set at KRW 11,00,000 (excluding value-added tax) and awarded a contract (hereinafter referred to as “instant contract”).

(2) On October 15, 2014, the Plaintiffs purchased building materials, such as structural materials, necessary for the instant construction from the Plaintiffs to KRW 2,168,90,00 (including value-added tax; hereinafter the same shall apply) and agreed to pay KRW 650,697,00 for the down payment of KRW 433,798,00 on the date of entering into the contract, and the first intermediate payment of KRW 433,798,00 until November 15, 2014, the second intermediate payment of KRW 433,798,00 until December 15, 2014, and the remainder amount of KRW 650,697,00 until April 30, 2015.

(hereinafter “instant purchase contract”).

(c) Article 3 (Service and Work) of the conclusion of an agency contract “A,” “A,” “B,” “A,” and “A,” bears responsibility for:

(1) A shall perform the following duties as an executor of the main project:

1. Securing the ownership of the project site, cancelling limited real rights (any third party right, such as mortgage, provisional registration security right, leasehold right, superficies, registered lease right, etc. established on the project site);

5.The financing required for this Project, and

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