공사대금
1. The defendant is the district court of the Dong-gu District Court with respect to 31,183 square meters of forest land in Dong-dong, Dong-dong, Dong-dong, Dong-dong.
1. The facts below the facts of recognition may be admitted, either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 3, Eul evidence 1 and 4 (including a number; hereinafter the same shall apply) and the whole purport of the pleadings.
The Plaintiff is a stock company established for the purpose of running civil engineering and construction business, and the Defendant was established for the purpose of establishing and operating an arboretum-type tennis (the initial trade name of the Defendant was “Pe Forest Tourism Empt Co., Ltd.,” and was changed into “Peman Forest Emt,” on April 27, 2015).
B. On October 16, 2014, the Plaintiff received a contract from the Defendant as of October 2014 on the construction cost of KRW 1 billion, down payment, KRW 50,000,000,000 for the construction cost, and October 20, 2014 on June 20, 2015, for the construction work for the Korea-do Tourism Complex Construction Project, which was created on the land of KRW 234,00,00,000,000, which is an access road (hereinafter “instant construction work”).
(hereinafter “instant contract”). (c)
On October 28, 2014, the Plaintiff received down payment of KRW 50 million from the Defendant on the instant contract, and the Defendant completed the registration of the establishment of a mortgage on November 28, 2014, with respect to KRW 950,000,000,000 for the remainder of the construction cost under the instant contract, which is owned by the Defendant, in order to secure the payment of KRW 95,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 from the Defendant, as of November 28, 2014
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).
On December 2, 2014, the Plaintiff filed a claim with the Defendant for the progress payment of KRW 330 million in total.
On January 21, 2015, the Defendant requested the Plaintiff to adjust the amount for the progress payment, and the Plaintiff demanded the payment for the progress by reducing the above amount to KRW 319 million by KRW 300 million.
However, the defendant delays the investment of investors.