공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On October 29, 2016, Defendant and C (hereinafter referred to as “Defendant, etc.”) concluded a contract with D Co., Ltd. (hereinafter referred to as “D”) for the new construction of Seongbuk-gu Seoul Metropolitan Government Multi-household Housing (hereinafter referred to as “instant multi-household Housing”) (hereinafter referred to as “instant construction”) by setting the construction cost of KRW 1,100,000 (the construction cost of April 20, 2017 shall be reduced to KRW 1,00,000,000), and the construction period from October 201, 2016 to April 2017.
D On November 5, 2016, F Co., Ltd. (hereinafter referred to as “F”) subcontracted the removal, construction, civil engineering, electricity construction, construction cost of KRW 750,00,00, and construction period from November 15, 2016 to April 30, 2017.
On June 28, 2017, the Defendant, etc., D, and F confirmed that the remaining subcontract consideration for DF is KRW 339,710,130,00, and in the event D and F perform their obligations by completing the instant construction work, they drafted a direct payment agreement that the remaining Defendant, etc. shall directly pay to F (hereinafter “instant direct payment agreement”).
Upon formulating the instant direct payment agreement, the Defendant et al. prepared a sales contract for the fourth floor of the instant multi-household housing to secure the payment of direct payment. Accordingly, the sales contract for the instant multi-household housing was prepared on June 28, 2017 with the seller, the buyer, and the Plaintiff as the purchaser (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows.
(Indication of Things) Location: In selling and selling an article above 75.5m2, the seller referred to as “A” and the buyer as “B” shall enter into a contract with the following terms:
Gap and Eul enter into this contract for sale in this case in order to secure the payment of direct payment agreements (refer to direct payment agreements) to F.
Article 1 (Purpose) A and B are the subject of this case with a view to guaranteeing a direct payment agreement for F.