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(영문) 춘천지방법원 2017.05.16 2015가단6626

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On December 9, 2013, the Defendant and the Dispute Resolution Co., Ltd. (hereinafter referred to as the “instant company”) jointly develop 3,669m2 (hereinafter referred to as the “instant land”) in Chuncheon-si, the Defendant delegated the instant company to implement and execute the instant land, and the instant company concluded a prop joint development contract with the content of developing and constructing the instant land in return for the joint project.

B. However, after the above contract, the instant company was identified as a nonexistent company, and the Defendant and D concluded a prop joint development contract (hereinafter “instant joint development contract”) again on February 20, 2014.

C. On March 21, 2014, the Plaintiff and the instant company concluded a contract for construction works that the instant company contracted to the Plaintiff with the following content (hereinafter “instant contract”).

1) Date of commencement: 273,600,000 won (72 square meters, 3.8 million won per square year) contract amount of 273,600,000 won (72 square meters, 3.8 million won per square year) (excluding value-added tax) as of March 21, 2014 and as of June 30, 2014: 30,000 won at the time of completion of the charnel operations, and 30,000 won for materials required for interior works.

D. However, although the contractor of the contract of this case becomes the contractor of this case, the company of this case does not exist as above, and the contract of this case is a construction contract for new construction of a house on the land of this case developed under the joint development contract of this case. Thus, the contractor of the contract of this case should be deemed not the company of this case but D

E. After the contract of this case, the Plaintiff started construction and invested an amount equivalent to KRW 129,679,080 in construction cost, and completed the 2nd floor of the two new construction works around May 30, 2014. The Plaintiff discontinued construction due to the failure to receive the progress payment of KRW 30 million from D or Defendant under the instant construction contract.

F. The instant joint development agreement is jointly executed with the land owned by the Defendant.