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(영문) 대전고등법원 2017.12.20 2017나12125
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2.The addition is made by this court.

Reasons

Basic Facts

On April 14, 2015, the Defendant concluded a basic contract for the new construction of a factory with the construction cost of KRW 1.850 million (excluding value-added tax; hereinafter the same shall apply) for the new construction of the Cheongyang-gun Factory (hereinafter referred to as the “instant factory”) on the Plaintiff on April 14, 2015, the Defendant concluded a contract with the Plaintiff by setting the construction cost of KRW 1.855 billion for the construction cost (excluding value-added tax; hereinafter the same shall apply) and by August 30, 2015.

(hereinafter “the instant basic contract”). The Plaintiff and the Defendant drafted a contract agreement between the Plaintiff and the Defendant with the amount of construction cost of KRW 1.85 billion (hereinafter “instant contract”) and a contract with the amount of construction cost of KRW 2.1 billion (hereinafter “instant contract”).

On April 28, 2015, the Defendant submitted the instant secondary contract and was issued by the Credit Guarantee Fund a guarantee for guarantee for facility loan of KRW 2.2 billion. On May 13, 2015, the Defendant obtained approval for a facility loan of KRW 2.2 billion from an enterprise bank.

The Plaintiff received a total of KRW 2,00,000,000 from the Company Bank or the Defendant as follows, and as the representative director of the Plaintiff (Resignation on March 31, 2015), D, who was in charge of concluding the instant basic contract, was returned to the representative director E of the Defendant as follows:

On July 2, 2015, the amount paid by the Plaintiff on July 2, 2015 on the part of the Defendant (won) to the Plaintiff on July 50, 2015, 200,000,000 D E on July 10, 2015, 30,000 D E on July 10, 2015, 30,000,000,000, 300,000,000 corporate banks (the first part payment) on July 29, 200,00 D E on July 30, 200,00,00 DE on July 40, 30, 200,00 D on July 30, 200, value-added tax on July 30, 2015, 200 D on the part of the Plaintiff’s intermediate payment (the Plaintiff’s intermediate payment) to the Plaintiff on July 30, 2015,20015.

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