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(영문) 서울고등법원 2014.01.22 2013나44005

공사대금등

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. On April 12, 2007, the Plaintiff entered into a contract with the Defendant for each construction contract (hereinafter “instant construction contract”) with the Plaintiff setting the construction cost of KRW 8.25 billion (including value-added tax) and December 31, 2007 by setting the construction cost of the building newly constructed by the instant construction work as the construction cost of KRW 8.25 billion (including value-added tax) and the construction period of KRW 8.25 billion (hereinafter “instant construction contract”).

B. The Defendant entered into a contract for facility loan of KRW 8 billion with a new bank (hereinafter “new bank”) for the instant construction for the purpose of the instant construction. If the Plaintiff submitted a written claim to the Defendant for the establishment of the instant construction, the Defendant requested to pay the funds on the basis thereof to the new bank, and the new bank decided to pay the construction payment directly to the Plaintiff within the loan limit of KRW 8 billion.2 billion. The Plaintiff received the payment for the completed payment from the new bank on May 18, 2007 in accordance with the above procedure, and then, on the same day, transferred the Defendant to the Defendant by indicating the Defendant’s representative director F as deposit money, and the Plaintiff and the Defendant set up a loan certificate with the Defendant as of December 31, 2007 (hereinafter “the instant monetary loan contract”).

C. After October 15, 2007, the Plaintiff entered into a modified contract with the Defendant on the following grounds: (a) KRW 12.65 billion, including value-added tax, increased the construction price of the instant case by KRW 4.4 billion; and (b) the construction period by July 31, 2008; and (c) respectively changed the construction period by July 31, 2008 (hereinafter “instant modified contract”).

The two factories, L factories, and N factories, among the factories newly constructed through the instant construction, were approved for the use of the respective safe markets on March 7, 2008, and the first two factories on April 7, 2008. < Amended by Presidential Decree No. 20619, Apr. 7, 2008>

E. Meanwhile, the Plaintiff is below the internal facility construction of the instant plant in addition to the instant construction work from the Defendant.