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(영문) 서울중앙지방법원 2017.04.20 2015가합25995

공사대금

Text

1. Of the instant lawsuit, the lawsuit against Defendant Asian Trust Co., Ltd. shall be dismissed.

2. The plaintiff's defendant corporation.

Reasons

1. Basic facts

A. On November 10, 2009, the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s new apartment construction, electrical construction, and order for miscellaneous construction, etc.) acquired each real estate listed in the separate sheet Nos. 1 through 4 on November 10, 209, and omitted the part of the “stock company” among the trade names of each company when the Defendant is named.

(1) After having entrusted the apartment of 129 households on the ground (hereinafter referred to as the “instant apartment”).

(2) On January 26, 2011, the Defendant’s Intervenor contracted the instant construction works related to the instant apartment (hereinafter “instant construction”) with the total construction cost of KRW 1,050,000,000, and the completion date as of June 30, 2011, to ScC Co., Ltd. (hereinafter “SC”). Some of the terms of this contract are as follows.

4. In the sales contract, two households shall be delivered to E.S. cases at the time of commencement of the work, and two households shall be delivered to E.S. cases in a successive order according to the progress rate; and

7. The sales contract delivered to E.C. after the completion of construction work shall be returned to the Intervenor’s Intervenor when the Intervenor’s Intervenor pays the construction cost to E.C.

3) From May 201 to August 2011, the Defendant’s Intervenor prepared a sales contract for each real estate listed in the separate sheet Nos. 5 through 17, which is part of the apartment of the instant apartment, and delivered it to the Plaintiff (However, the sales contract for each real estate listed in the separate sheet Nos. 5 and 8 did not contain any entry in the buyer’s column, and the buyer entered in the sales contract for the real estate listed in the separate sheet Nos. 14 in the separate sheet No. 14.

(4) On July 29, 201, the Defendant’s Intervenor contracted to E the miscellaneous construction work on the instant apartment on August 30, 2011, with the total construction cost of KRW 131,00,000, and the completion date as of August 30, 201, and the total construction cost of KRW 94,50,000 on August 11, 201, and the completion date as of October 30, 201.