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(영문) 인천지방법원 2019.05.15 2018가단19568

양수금

Text

1. The Defendant: 33,091,676 won to the Plaintiff and 5% per annum from July 14, 2018 to May 15, 2019.

Reasons

1. Facts of recognition;

A. The non-party E has completed the registration of an individual entrepreneur with the trade name of “F” and engaged in the construction business with the husband G.

B. Around May 2016, the Defendant, the owner of HJ 153.6 square meters in Seoul Special Metropolitan City, entered into a construction management service agreement with G to undertake construction works to newly build a multi-family house on the ground of the said land by setting the period from May 11, 2016 to November 11, 2016 under F’s name as the total construction cost of KRW 450,000,000, and the service period of KRW 450,000 in the name of G.

(hereinafter “instant contract”). The Defendant paid KRW 280,00,000 among the construction cost, including remitting the construction cost to the account in the name of E, a representative of F, and completed the registration of initial ownership in the name of the Defendant on December 16, 2016, with respect to the building newly constructed after the progress of construction from May 2016 to December 2016 (hereinafter “instant building”).

C. The Plaintiff supplied timber and metal materials at the construction site of the instant building more than ten times from June 17, 2016 to June 29, 2016, but failed to receive the price of goods.

On February 14, 2018, E, the F representative, transferred to the Plaintiff an amount equivalent to KRW 35,000,000,000 out of the remainder of the construction cost of the instant building to the Defendant, and sent the notice of the partial amount of the claim to the Defendant by means of content-certified mail, and the notice was sent to the Defendant on February 19, 2018.

On the other hand, E and G established F and became the representative of the said legal entity, around July 2017, and the intervenors concluded a construction contract for the construction of neighborhood living facilities on the land of Yongsan-gu Seoul Special Metropolitan City under the joint and several guarantee of E around July 2017 with F and lent KRW 457,00,000 to F to raise funds for the progress of construction work.

Since May 2018, E guarantees to repay the above debts of KRW 457,00,000 and as security for the performance of the construction works, E shall pay the remaining construction cost of the building in question to the defendant.