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(영문) 수원지방법원 2016.07.01 2015나31152

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 28, 2011, the Defendant: (a) was the owner of the instant land, an average c 3,306 square meters of Gyeonggi average C Forest (hereinafter “instant land”); (b) around April 28, 201, the 750 square meters of D forest land; (c) 658 square meters of forest land; (d) F forest land 658 square meters; (e) G forest 258 square meters; and (e) H forest 330 square meters were divided; and (e) around May 201, the Defendant proposed that he would find the Defendant and develop the instant land as a electric source housing site; and (e) the Defendant would develop the instant land as a electric source housing site; and (e) thereafter, (e) thereafter, I carried out a project to develop the instant land as a electric source housing site (hereinafter “instant project”).

B. On May 27, 2010, I prepared a written confirmation to the Defendant stating that “I will confirm that I will be responsible for the civil engineering and complex construction of the instant land, and confirm that the safety accident and civil petition processing will be responsible on the part of the contractor without any liability to the Defendant.” On May 28, 2010, I provided the instant land as collateral and completed the registration of the establishment of a neighboring mortgage with the Defendant as the Defendant, with the maximum debt amount of KRW 200 million to J as well as the maximum debt amount of KRW 150,000,000 from J to prepare the construction cost.”

(hereinafter “instant collateral security”). C.

I awarded a contract to K for the construction of the electric site for the instant land (hereinafter “instant construction”). Around October 2010, the Plaintiff entered into a subcontract with K to accept the civil engineering works during the instant construction (hereinafter “instant civil engineering works”). D.

From November 2010, the Plaintiff performed the construction of access and retaining walls to the site of an electric source from around November 201, and completed the construction of access and retaining walls around May 201. As the construction cost was not paid from I or K, the construction was suspended around that time.

E. When the instant project was discontinued because I did not raise funds for the Corporation, theO.