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(영문) 수원지방법원 2018.01.31 2017가합15129

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 414,218,183 and its amount from April 30, 2015.

Reasons

1. Basic facts

A. On May 2014, Defendant B and Plaintiff Company entered into a contract for construction works and a modified contract. Around May 2014, the Plaintiff Company entered into a new construction project for the instant multi-family housing (hereinafter “instant construction project”).

(C) the contract for the construction work to cover KRW 2.25 million (hereinafter referred to as “instant contract”).

(2) Defendant B asked the E Bank Gangwon Regional Finance Headquarters as to whether a PF loan for the construction fund of the instant construction fund, but received a reply on November 11, 2014 that it is difficult to grant a loan as a result of the review.

3) On November 25, 2014, the Defendants and the Plaintiff Company drafted a modified contract to change the contract price to KRW 2.25 billion from KRW 2.5 million to KRW 2.25 billion, respectively. 4) The Defendants and the Plaintiff Company drafted a modified contract to change the contract price to KRW 2.1 billion on April 30, 2015 (the supply price of KRW 1.933 million, the purchase value-added tax, KRW 78.2 million), the warranty bond, KRW 60,36,00,00, and KRW 2.2 years from the warranty period.

B. The completion of the instant construction and the establishment of the Defendants’ right to collateral security (hereinafter “instant building”) Plaintiff Company: (a) completed the instant construction on April 30, 2015; and (b) attached Table No. 6, which consists of 16 row houses and four commercial buildings (hereinafter “instant building”).

2) Of the instant building, the registration of creation of a neighboring mortgage (No. 15727) was completed on August 13, 2015 with respect to Fho Lake, which is a sectioned building, KRW 585 million with respect to the maximum debt amount, KRW 50,000,000,000 for the instant building, and KRW 15727,000,000 for the debtor C and the mortgagee.

3) The Defendants completed the registration of creation of a mortgage on each of the lands listed in the separate sheet Nos. 3 through (5) and each of the lands listed in the separate sheet Nos. 1 and 2, owned by Defendant B, with respect to the Plaintiff Company, as indicated in the separate sheet Nos. 3 through (5) and each of the lands listed in the separate sheet No. 1 and 2, which are H owned by the Defendants, the Defendants

C. The plaintiff.