beta
(영문) 인천지방법원 2015.06.17 2013가합18741

공사대금

Text

1. Of the ancillary claims of the Plaintiff against Defendant B and C, the obligee subrogation claim portion and the Defendant.

Reasons

1. Basic facts

A. Defendant Jindo Construction, and Bosch Rexroth are the executor of the business to newly build and sell the E-commercial building (hereinafter “instant commercial building”) on nine and other nine parcels, Nam-gu, Incheon, and Defendant A is the executor of the instant construction of the commercial building.

B. On February 19, 2008, among the implementers of the instant new construction project, the Plaintiff was awarded a contract for the entire construction of stone among the new construction of the instant commercial building (hereinafter “instant construction”) from February 19, 2008 to March 30, 2008, with the construction period fixed as KRW 508,200,000 (including value-added tax; hereinafter the same shall apply) from February 30, 2008, and the construction price at the time agreed to be paid in full.

C. On May 31, 2010, the Plaintiff concluded a sales contract with Defendant Jink Construction, 501, 512, and 613 among the instant commercial buildings (hereinafter “each of the instant commercial buildings”) to sell 310, 501, 512, and 613 (hereinafter “each of the instant commercial buildings”), and on May 31, 2010, 3130,393, 560, 501 commercial buildings among the instant commercial buildings, 154,197, 175, 512 commercial buildings at KRW 140,521,838, 6138, and 613 of the sales contract at the time of the completion of the instant construction work between Defendant Jink Construction, and Sex, and signed the sales contract with Defendant Jink Construction and 218, respectively, to sell the sales price at KRW 129,154,218 (hereinafter “each of the instant sales contract”).

On February 23, 2011, the Plaintiff completed the instant construction works. In addition to the instant construction works, the Plaintiff also performed the primary additional construction works equivalent to KRW 27,181,00, and the secondary construction works equivalent to KRW 18,975,00, and the third additional construction works equivalent to KRW 9,93,000, respectively.

E. On the other hand, Defendant Jind Construction, and Bosch Rexroth obtained a loan from a financial institution on March 24, 2010, and pursuant to the real estate security trust agreement, an international trust company (hereinafter “international trust”).