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(영문) 광주고등법원(전주) 2017.08.17 2016나12606

공사대금

Text

1. The plaintiffs' primary and additional claims that the court changed in exchange are all the conjunctive claims.

Reasons

1. Claims as to the cause of claim;

A. On February 10, 2014, Plaintiff A changed the name on September 3, 2015 to the Construction of Seamen Co., Ltd.

hereinafter referred to as "Dongjin Comprehensive Construction Industry"

2) From this point of view, the construction of new urban-type multi-household housing and neighborhood living facilities on the ground of “Seoul Chang-gun, Da, and E” (hereinafter “instant construction”) and the construction of new buildings is called “this case lending.”

(2) On January 8, 2014, Plaintiff B was awarded a subcontract for painting construction work among the instant construction works (excluding value-added tax) at KRW 42 million (excluding value-added tax) from the Eastjin Comprehensive Construction Industry.

3) On the other hand, between Defendant and F, on February 15, 2013, between the Dongjin Construction Industry, the Defendant and F contributed the instant construction site to the Dongjin Construction Industry, and, in return, the Dongjin Construction Industry would pay the Defendant and F in cash KRW 50 million and seven households out of the loan loan of this case to the Defendant and F (hereinafter “instant contract”).

4) After completing registration of ownership preservation on the instant loan 21 households in its name, the Defendant sold 19 households out of the instant loan 19 households to a third party.

The defendant is obligated to return the sales price to the advanced comprehensive construction industry with the settlement of accounts, excluding the amount of KRW 50 million paid from the advanced comprehensive construction industry and the amount of KRW 7,000,000,000 and the remaining amount of KRW 7,00,000.

5) The same progress-based comprehensive construction industry is currently insolvent. Accordingly, in order to preserve the claim for the above payment of the construction price against the defendant of the same progress-based comprehensive construction industry, the defendant is obligated to pay directly the amount equivalent to the above payment of the construction price and the damages for delay thereof out of the above settlement amount. (B) The defendant is currently obligated to pay the amount equivalent to the above payment of the construction price and the damages for delay.