beta
(영문) 대전지방법원 2020.07.23 2019가단116051

공사대금

Text

1. The defendant shall pay 37 million won to the plaintiff and shall be 6% per annum from February 25, 2019 to July 23, 2020 and from the next day.

Reasons

1. The Defendant: (a) concluded a sales contract to sell the said land in KRW 1.2 billion to the owner of the Daejeon-gu Daejeon-gu Daejeon-gu Seoul and to the deceased D (hereinafter “the deceased”) on March 10, 2018; and (b) concluded a special agreement as follows.

On April 30, 2018, the delivery date of real estate in relation to the remaining payment date and the simultaneous performance date, and the building on the ground after the sales contract will be removed, but after removal the buyer, the deceased will proceed with the new construction of the building, and the seller will remain the owner until the completion date, and on the premise that the purchase price was paid in KRW 50 million as the down payment, the defendant would pay KRW 500 million as the purchase price to the buyer when the deceased, who is the buyer, takes over the loan of KRW 50 million and completed the building, 50 million as well as the transfer of ownership.

On April 10, 2018, the Defendant and the Deceased drafted in Law Firm E a notarized deed of contract for performance of the obligation for the amount and method of the remainder payment of the above sales contract. Since the Deceased did not pay the down payment of KRW 50 million at the time of the sales contract, the Defendant and the Deceased agreed to pay the Defendant KRW 70 million and KRW 500 million of the Defendant’s term loan to the Deceased until December 30, 2018.

After that, on January 24, 2019, the Deceased entered into a contract for the removal of the instant ground buildings (hereinafter “instant contract”) on behalf of the Defendant with the Plaintiff, a removal company, with the cost of removal KRW 37 million.

From January 25, 2019, the Plaintiff started the removal of the instant ground building and completed the removal on February 24, 2019.

The Deceased committed suicide around the time of the drilling in 2019, and was unable to pay the purchase price of the instant land to the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, 6 (including each number), Eul evidence 2, 3, the purport of the whole pleadings]

2. According to the above fact of finding the claim, the plaintiff is a ground building of this case according to the contract of this case with the defendant.