(영문) 수원지방법원 2017.09.07 2016나77087

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(영문) 수원지방법원 2017.09.07 2016나77087

공사대금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 3 and Eul evidence Nos. 1 to 7 (including branch numbers), with a comprehensive view to the purport of the whole pleadings. A.

Around April 2015, the Plaintiff entered into an agreement with the Defendant on the name lending agreement (hereinafter “instant agreement on the name lending”) with the content that the Plaintiff would receive a subcontract for reinforced concrete construction (hereinafter “instant construction”) among multi-household housing construction works in Gwangju-dong, Sam-dong, Gwangju-si, by obtaining a Defendant’s license for construction business and the name of the Defendant, and that the Plaintiff will receive a subcontract for the construction of reinforced concrete (hereinafter “instant construction”).

B. In accordance with the agreement on the title transfer of this case, the Plaintiff entered into a subcontract for construction (hereinafter “the original subcontract of this case”) with the content that the Plaintiff would accept each contract between the Defendant’s seal imprint from the Defendant and the Defendant’s name as a result of the agreement on the title transfer of this case, on April 20, 2015, with the construction cost of the instant construction work as KRW 500,000 (excluding value-added tax) and the construction period as from April 20, 2015 to June 30, 2015.

C. On May 2015, the Plaintiff drafted a construction subcontract agreement (Evidence 4, hereinafter referred to as “the subcontract agreement of this case”) with the Defendant that: (a) the contract amount of the instant construction work from the Defendant is KRW 500,000 (excluding value-added tax), the date of commencement shall be March 10, 2015; and (b) the date of completion shall be March 10, 2015; and (c) the date of completion shall be July 10, 2015; (b) the Plaintiff agreed to accept the subcontract of this case as a subcontract of this case; and (c) the instant subcontract of this case shall state the following as to the contract amount, etc.:

(1) Contract amount: 500,000,000 won (excluding value-added tax): Insurance amount: 20,758,880 won (excluding value-added tax).

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