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(영문) 인천지방법원 2020.12.17 2020가단214656

기타(금전)

Text

Defendant B shall pay 143,00,000 won to the Plaintiff and 20% per annum from November 18, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On September 22, 2018, the Plaintiff received a contract from Defendant B to KRW 130,000 (value-added tax is separate, and the price including value-added tax is KRW 143,000,000) for the contract for earth and sand facilities and basic file works in Incheon pool-gun, Incheon.

B. Although the registration of ownership transfer was completed with respect to the land of 1,575 square meters in the name of Defendant B with respect to the land of 1,575 square meters in Incheon po-gun (hereinafter “instant land”), the registration of ownership transfer was completed on August 19, 2019 with the Incheon District Court Decision No. 304217, Aug. 13, 2019.

C. Around January 9, 2018, Defendant B obtained a building permit to construct a building on the instant land listed in the separate sheet from the pool-gun on the ground of the instant land.

On August 14, 2019, Defendant B entered into a contract with Defendant C to change the owner of the building listed in the separate sheet from Defendant B to Defendant C (hereinafter “instant contract to change the owner’s name”) and filed a report of change of the name with the Vindication Military Office in accordance with the said contract.

E. On October 28, 2019 with respect to each building listed in the separate sheet, registration of ownership was completed without obtaining approval for use under the name of Defendant C Co., Ltd.

F. Defendant B was insolvent at the time of August 14, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the above construction cost of KRW 143,000,000 and damages for delay calculated at the rate of 12% per annum from July 1, 2020 to the day following the day of delivery of a copy of the complaint of this case to the day of full payment.

As to this, Defendant B alleged to the effect that there was a separate agreement to pay the construction cost after the completion of the above E-Land Building, but Defendant B’s statement on the evidence No. 1 alone.