약정금
1. The part of the first instance judgment against the Defendants shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
1. The following facts are either in dispute between the parties or in full view of Gap evidence 1, 2-1 to 9, Gap evidence 4, Gap evidence 6, 10-1, Eul evidence 1, Eul evidence 2-2, and the whole purport of the arguments.
On October 28, 2011, Defendant B concluded a contract for the instant construction work (hereinafter referred to as “instant construction contract”) with respect to the construction of authenticity (hereinafter referred to as “instant construction”) and the construction of a multi-household building (23 households) of the size of the first floor and the fourth floor above the ground on the site in the mountain (i.e., mountain field E and J (23) of the mountain field E and J (hereinafter referred to as “instant building”).
B. On November 18, 201, the Plaintiff entered into an agreement with G on the part of the non-party company with respect to the instant construction work, and entered into the instant construction work with G as follows.
The Plaintiff and G (hereinafter referred to as the “Plaintiff, etc.”) refer to the performance of KRW 2.8 million per square meter on behalf of Nonparty Company on behalf of Nonparty Company on the basis of the total construction cost of KRW 500,000, and the total contract amount shall be KRW 1.4 billion.
The non-party company is proceeding with the construction, is responsible for and carried out for the loan (including approximately KRW 800,000), and the progress payment shall be paid immediately to the plaintiff, etc.
In addition to the fixed-term loan, the balance of the construction cost shall be the payment in cash within one month after completion.
The plaintiff, etc. and the non-party company shall jointly manage the lending passbook.
C. From November 23, 2011 to December 30, 2011, the Plaintiff deposited a total of KRW 135 million in the account of the non-party company’s account. The money was disbursed as material costs and personnel expenses for the instant construction.
Since then, the Plaintiff was returned 2.5 million won out of the above subscription amount.
Plaintiff
The construction of this case was suspended due to the completion of construction work on the underground floor and the foundation construction of the first and second floors of the building of this case, and the plaintiff left the construction site of this case around spring of spring of 2012.
E. The instant building was completed around November 2012.