beta
(영문) 인천지방법원부천지원 2020.06.05 2019가합104319

공사대금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be 236,634,541 won and shall be fully repaid from February 3, 2020.

Reasons

Basic Facts

On July 20, 2015, the Plaintiff entered into a subcontract with Defendant B Co., Ltd. (hereinafter referred to as “B”) on July 20, 2015, with respect to the construction work (hereinafter referred to as “instant construction work”) among the new construction works of the instant building D ground-based complex (hereinafter referred to as “instant building”), setting the construction cost of KRW 400,000,000, and the completion date of the relevant construction work as of November 30, 2015.

In Section 6.b. of the instant construction contract, “The amount of partial payment: 50% in cash and 50% in lieu of the instant construction contract.”

On August 10, 2017, Defendant B: (a) signed and sealed on the “detailed statement of the design modification” prepared by the Plaintiff in relation to KRW 40,000,000 on April 20, 2016.

On August 10, 2017, the Plaintiff completed the instant construction and additional construction and received a written confirmation of construction completion from Defendant B’s Director E.

The Plaintiff received a total of KRW 203,365,459 from Defendant B, but failed to receive the remainder of the construction cost.

On July 15, 2016, the Plaintiff entered into a sales contract with the owner of the instant building C, which sets forth the sale price of KRW 176,00,000 as to F among the instant building (hereinafter “instant sales contract”). The instant sales contract states the following special terms and conditions: The instant sales contract prohibits transfer, resale, etc. of the sales contract for the installation cost to a third party.

- The effect of this contract for sale has the effect of this contract for sale after the completion of the above lot number buildings.

- This contract for sale in lots (F) is a contract for sale in lots paid as a substitute for astronomical D facilities (alternatives) and simultaneously with the issuance of this contract for sale in lots (e.g., May 4, 2016) and a contract for sale in lots for the area and mark errors previously issued (e.g., May 4, 20

- The sales contract in question may arrange funds in place of the actual seller and may change the buyer.

- The addition to or adjustment of the purchase price shall be as follows after completion.