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(영문) 부산지방법원 2019.01.23 2017가합45687

공사대금

Text

1. As to the Plaintiff’s KRW 296,191,690 and KRW 167,766,690 among them, Defendant B, Inc., from June 20, 2017 to June 20, 2019.

Reasons

1. Facts of recognition;

A. As to each of the lands listed in the separate sheet No. 1 (hereinafter “each of the lands of this case”), the Plaintiff was contracted with Defendant B Co., Ltd. (hereinafter “Defendant B”) for construction of a new building on the ground, and Defendant B is the owner of each of the lands of this case, and Defendant C Co., Ltd. (hereinafter “Defendant C”) was entrusted with each of the lands of this case and the aggregate building newly built on the land of this case from Defendant B.

B. On August 3, 2015, the Plaintiff and Defendant B entered into a contract for construction works (hereinafter “instant first contract”) with the effect that the Plaintiff will newly construct the main apartment with the 13th floor above the ground and the 14th underground floors above the instant land (hereinafter “instant condominium”) from September 1, 2015 to December 31, 2016, with the construction cost of KRW 216,5940,000,000, and the construction period of the instant condominium from September 1, 2015 to December 31, 2016.

In November 9, 2016, the Plaintiff and Defendant B entered into the first modified contract (hereinafter “instant first modified contract”) with the effect that the construction price will be increased to KRW 2.36,594 million, and the construction period will be extended from September 1, 2015 to January 31, 2017, and the first modified contract was concluded on January 3, 2017, again, the construction price will be increased to KRW 2.41,594 million, and the construction period will be extended to February 28, 2017 (hereinafter “the last modified contract”).

C. On April 4, 2017, the Plaintiff completed a new construction of the instant aggregate building, obtained approval for use, and transferred the instant aggregate building to Defendant B.

On April 26, 2017, Defendant B completed registration of preservation of ownership of the aggregate building in this case.

On the other hand, Defendant B entered into a real estate security trust agreement with Defendant C on September 24, 2015 to secure the above loan obligations of the D Association while obtaining a loan from the D Association to raise funds for the construction cost to be paid to the Plaintiff, and on the same day, respectively, on the same day.