beta
(영문) 서울동부지방법원 2015.02.11 2014나2688

공사대금등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A around July 2011, Plaintiff A received the construction cost of KRW 256,00,000 from the Defendant to newly construct one house on the ground of Pyeongtaek-si D owned by the Defendant, while evaluating the land in question owned by the Defendant as KRW 209,000,000.

B. The Plaintiff A newly constructed a house on the ground above D pursuant to the above contract for the new construction of a house, and on the ground above E which the payment is made in substitution, the construction of a new house on the same amount as the Defendant’s request was made.

C. On August 19, 201, when Plaintiff A had not completed the registration of transfer of ownership in the future of Plaintiff A, Plaintiff A created a collateral security right and was loaned KRW 100,000,000 to Pyeongtaek Livestock Cooperative (hereinafter “Seoul Livestock Cooperative Parties seems to have been mistaken for agricultural cooperatives”) with the debtor as Plaintiff A, while Plaintiff A did not complete the registration of transfer of ownership in the future.

After that, around April 2012, Plaintiff A agreed to cancel the payment agreement with the Defendant and to transfer the status of the contractor under the said contract to the Plaintiff Company, on the other hand, to receive all the construction cost for the said two bonds in cash.

E. Around September 2012, the Plaintiff Company completed the construction of the above house.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Gap's 4-1, Eul's 12 and 13, and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The Plaintiff Company or the Plaintiff Company: (a) the construction cost of KRW 563,20,00 for two houses from the Defendant with respect to the construction of the said two houses: ① (1) the construction cost of the said two houses [2] = (256,00,000 won for one bonds + 1.1 (value-added Tax)); (2) the construction cost of five additional construction works, other than the construction cost of the boundary retaining wall (including value-added tax), ③ the additional installation cost of KRW 1,848,00 for five additional construction works (including value-added tax) from the Defendant in September 2012, ④ the additional installation cost of KRW 22,00 (including value-added tax); (5), the boundary surveying cost of KRW 1,254,00 for five additional construction works, other than the construction cost of the boundary retaining wall; and