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(영문) 대전지방법원 서산지원 2018.10.04 2018가합50613
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On November 1, 2014, C, the representative of the Defendant church, delegated the purchase of the land E (hereinafter “instant land”) and the building on the second floor thereof (hereinafter “instant building”) owned D to the Plaintiff. Upon C’s request, the Plaintiff concluded a sales contract on the instant land and building between D and D in the name of the Plaintiff on November 3, 2014.

B. After that, C requested the Plaintiff to undertake remodeling construction of the instant building in order to use the instant building as the Defendant’s towing distribution, and requested the Plaintiff to pay interest on the loan obligations incurred in the course of raising funds for purchase of the instant land and the instant building on a large scale, and agreed to settle the construction cost and the interest on the substitute payment incurred by the Plaintiff at the later time.

C. In accordance with the foregoing agreement, the Plaintiff spent KRW 208,730,722 in total under the name of expenses for remodeling of dividends and interest on the substitute payment, as shown in the attached claim amount calculation table, from July 14, 2015 to May 22, 2017.

Accordingly, the Plaintiff seek against the Defendant the payment of KRW 28 billion out of the construction cost and the amount of interest paid in lieu of the above remodeling project, and damages for delay.

2. According to the images of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 5 (including each number; hereinafter the same shall apply), and the images of Gap evidence Nos. 5, 6, 7, and Eul evidence Nos. 6 and 9, the fact that the plaintiff, who was the representative of the defendant church, was entrusted with the purchase of the land and buildings in this case on Nov. 1, 2014; the plaintiff entered into a sales contract to purchase the land and buildings in this case owned D between D and D on Nov. 3, 2014; and then, when the plaintiff transfers the name of the purchaser to a third party, he/she again agreed to prepare a sales contract to purchase the land and buildings in this case owned by the third party as the purchaser; and between D and December 1, 2015, the defendant agreed to prepare a sales contract to purchase the land in this case and the buildings in this case by KRW 500 million.

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