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(영문) 창원지방법원 통영지원 2017.02.02 2016가합10793

공사대금

Text

1. The Plaintiff:

A. Defendant B and Defendant C are jointly and severally 926,012,642 won and Defendant B with respect thereto. < Amended by Presidential Decree No. 27579, Dec. 2, 2016>

Reasons

(a) has taken over all rights and obligations under the construction contract regarding the foregoing new construction works;

3) On August 7, 2015, Defendant B concluded a new construction contract with the Plaintiff on the terms of the contract for the construction of the instant apartment house (hereinafter “instant construction contract on August 7, 2015”).

(2) The construction cost under the above construction contract was determined as KRW 1,955,00,00 (including value-added tax) and the construction period was determined as from June 1, 2015 to December 31, 2015, and Article 15 of the Special Agreement provides that “the construction cost shall be calculated as additional construction cost in addition to drawings” shall be borne by the contractor, and the owner of the building shall provide the owner with the documents necessary for the loan due to the case of the construction cost. 2. The construction cost shall be provided by the contractor after the completion of the contract. 3. The sale price during the construction project shall be used as the total construction cost to the contractor. 4. The remainder of the construction cost shall be paid as the supplementary loan after completion of the construction project.

B. Defendant C’s acquisition and conclusion of construction contract as Defendant C’s subsidiary (hereinafter “Defendant C”)

(2) On January 1, 2016, Defendant B had been operating, and Defendant B acquired Defendant C from the Plaintiff on January 27, 2016, and was appointed as the representative director of the said company. (2) Defendant B entered into a contract for construction works with the Plaintiff on February 1, 2016 under the name of the Defendant C it acquired (hereinafter “instant contract for construction works on February 1, 2016”; and (c) the said contract for construction works is identical to the instant contract for construction works on August 7, 2015, in addition to the changes in the date of commencement from the contract for construction works on August 7, 2015.

3. Defendant B is the owner of the instant tenement house in the name of Defendant C.