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(영문) 서울중앙지방법원 2019.12.05 2018가합509517

공사대금

Text

1. Defendant Incorporated Co., Ltd.: (a) KRW 3,710,369,674 among the Plaintiff and KRW 1,62,863,096 among the Plaintiff’s KRW 1,62,863,096.

Reasons

1. Basic facts

A. On May 19, 2016, the Plaintiff entered into a construction contract and a management-type land trust contract, etc. 1). On August 10, 2015, the land located in 11,598 square meters prior to L, which was located in Gongju-si, Gongju-si, and on August 10, 2015, the land located in 11,598 square meters prior to the said L was divided into M, and the area on the register was changed to 11,543 square meters. The project to develop J (hereinafter “instant project”).

(3) As part of the implementation of the instant project from Defendant B implementing the instant project, the building J with the size of 32,355 square meters in the land area, the total floor area of 29,221.674 square meters in the land area, 1st underground floor, and the fourth floor above ground (hereinafter “instant building”).

2) A new construction project (hereinafter referred to as “instant construction project”)

(1) A contract was concluded with each of the contractual parties (hereinafter referred to as “instant contract”) in the amount of 13 months from the date of commencement of the construction period, 35,410,080,000 won (value-added tax separate).

(2) The Plaintiff jointly and severally guaranteed all obligations owed by Defendant B under the instant contract. Article 24 of the instant contract provides for the procedures for the payment of progress payment to the Plaintiff, and Article 24 of the instant contract provides that “where Defendant B does not pay progress payment, the Plaintiff may suspend the construction, and in this case, Defendant B shall extend the construction period for the period of suspension and pay the Plaintiff additional expenses if the Plaintiff incurred additional expenses (Article 24(6)).” (2) On June 8, 2016, the Plaintiff is the truster, K-A trustee, and the Plaintiff as the Si Corporation (hereinafter “K”) and the Defendant B, the Plaintiff, as the Si Corporation, ① trust, and the building to be completed by the instant construction (hereinafter “property of this case”) prior to L, 11,543 square meters and 21 square meters, both of which are the site for the instant project, shall be entrusted to K and the Plaintiff shall be liable to procure the project expenses for the instant project within the scope of the instant trust property.