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(영문) 부산지방법원 2015.05.15 2014나564

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. The Plaintiff and the Defendant entered into a contract and a contract for the transfer of business rights between the Plaintiff and the Defendant (a person who jointly carried out a construction project with the Defendant and the Defendant is deemed to have jointly carried out the construction project with the Defendant, and the Defendant’s legal act is deemed to have been carried out with M) shall be deemed to have been done with the Defendant, E, F, and G (hereinafter

2) As the owner of the instant land, H building (total 12 households; hereinafter “instant building”) on the ground of the instant land

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

(2) Around September 15, 2009, the Defendant contracted the instant construction to D Co., Ltd. operated by C, and C, if the Defendant could not complete the instant construction within three months, around September 15, 2009, the Defendant purchased from C the land of four parcels, including N,O, P, and Q, owned by C, at KRW 1.517 billion, and the payment of the price was made in excess of the amount of KRW 917 billion for the secured loan created by the right to collateral security loan and the settlement of the construction price paid in excess of the amount of KRW 500 million. On September 17, 2009, the Defendant agreed to substitute the said four parcels of land with the claim for ownership transfer on the ground of the said agreement.

3) However, C did not complete the instant construction by the agreed deadline. On December 26, 2009, under C’s guarantee on December 26, 2009, the Defendant contracted the Plaintiff with the construction cost of KRW 1,050,000,000 for the non-execution part of the instant construction work, and on February 8, 2010, with each of the instant construction works being contracted with the Plaintiff KRW 550,000,000 for the civil and remaining construction work (hereinafter “the instant construction work”), and each of the said construction contracts is “the instant contract.”

(4) In lieu of the payment of each of the construction costs, the Defendant agreed to transfer the ownership of three of the instant buildings to the Plaintiff by payment in kind. Meanwhile, the Defendant included the sale to the 12 households of the instant building on or around February 10, 2010.