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(영문) 창원지방법원 2016.06.10 2015가단79112

청구이의

Text

1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution, July 2015.

Reasons

1. Facts of recognition;

A. On November 30, 2006, the Plaintiff and the Defendant entered into a new construction contract for an apartment building project and the new construction contract for a DNA apartment that the Defendant constructed an apartment on the land outside C and nine parcels outside Chang-si, Chang-si, and the Plaintiff shall pay the construction cost of KRW 5.26 billion (including value added tax) after the completion of the apartment construction project.

While the Defendant continued construction under the above contract, the construction was suspended on August 2007, and on September 20, 2007, the Si construction was changed to the name of the Plaintiff.

B. After the formation of the instant conciliation, the Defendant filed a lawsuit against the Plaintiff for the payment of the construction cost (the Changwon District Court 2008Gahap2791, the registration of ownership transfer, etc., 2009Gahap5988 (Intervention), etc.), and the conciliation was concluded on October 22, 2009 as follows.

(1) Of the total construction contract amount of KRW 5,260,000,000 directly executed by the Plaintiff after September 20, 2007, the Plaintiff was the Defendant in the instant lawsuit, and the Defendant’s “Defendant” refers to the status of the parties to the instant lawsuit. Of the total construction contract amount of KRW 5,260,000, the Defendant shall determine the construction cost of KRW 1,600,000 directly executed by the Plaintiff and pay the remainder of KRW 3,660,000 to the Plaintiff.

The above direct construction cost is the same as the statement of additional direct construction cost attached by the plaintiff, and in the case of a lawsuit filed by the plaintiff's subordinate recipients, the burden of proof for KRW 1,600,000 shall be paid to the plaintiff, and in the case of not proved, the plaintiff shall additionally pay the amount to the defendant.

(Provided, that if there is an objection to the settlement with a subcontractor, the method of settlement shall be settled in accordance with the first contract statement with the defendant and the subcontractor). 2. A notarized document to the effect that the defendant is responsible for and re-transfers or invalidates the following claims transferred by the defendant until November 30, 2009. If the withdrawal of the assignment of claims is false, Nonparty E is subject to any punishment.

F 214,035,000 won

(b) G 1,500,000,000;