beta
(영문) 서울남부지방법원 2016.05.12 2014가합12028

공사대금

Text

1. The Defendant’s KRW 120,038,50 for the Plaintiff and KRW 5% per annum from November 6, 2015 to May 12, 2016.

Reasons

1. Facts of recognition;

A. On March 20, 201, the Plaintiff (hereinafter “C Stock Company”) is operating both D representative director and E, its husband, as a company engaging in building works, engineering work, etc.

The defendant's wife F is D's words with E's Dong book.

B. The Defendant purchased the instant land and established a right to collateral security from G on November 30, 2009, purchased the instant land in KRW 628 million, and completed the registration of ownership transfer on January 8, 2010.

On January 8, 2010, the Defendant borrowed KRW 350,000,000 (hereinafter referred to as “land loans”) from the ChangHyup branch of Young River, and completed the registration of creation of mortgage over KRW 455,500,000 with respect to the said land, and on July 21, 2011, extended additional KRW 60,000 from the Young River, the Defendant changed the maximum debt amount to KRW 533,00,000 with respect to said land.

C. On June 3, 2010, the Plaintiff (the representative E at the time) and the Defendant newly constructed and sold apartment units on the instant land and distribute profits therefrom (hereinafter “instant business agreement”).

(2) The project outlines are as follows. The project outlines are as follows:

1. Project name: New construction work of apartment buildings N in Macheon-si;

2. Project area: Pocheon-si, H and four parcels, both of which are located, Article 3 (Joint Project Method) (1) The project shall be carried on in the land owned by A (Defendant) in the name of Party A;

(2) A and B (Plaintiff and E) shall carry out joint projects as an implementation contractor.

3. A and B shall jointly bear interest on loans, construction cost, authorization and permission cost, design cost, land price, and all expenses incurred in carrying out the project.

(4) Land and buildings at the time of completion shall be jointly owned.

Provided, That according to the situation at the time of completion, A and B shall be a single person rather than a joint name.