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(영문) 부산지방법원 2014.12.10 2014가합8410

공사대금 등

Text

1. The Defendant Dae-Nel Co., Ltd. shall pay to the Plaintiff KRW 264,00,000 and its full payment from July 9, 2014.

Reasons

1. Determination as to the claim against the defendant DaeNel Co., Ltd. (hereinafter "the defendant DaeNel").

A. On November 23, 2012, the Plaintiff was awarded a contract for the repair work of the building of this case from the Defendant Grandnel for the construction cost of KRW 264,00,000 (including value-added tax). The fact that the repair work of this case was completed on or around February 2013 does not conflict between the parties, or that the repair work is completed on or around February 2013, the Plaintiff’s overall purport of the pleadings can be acknowledged by taking into account the respective descriptions of the evidence Nos. 2, 6 through 14, and 18 (including

B. According to the above facts, unless there are any other special circumstances, the defendant Grandn bears the obligation to pay the plaintiff the above construction cost of KRW 264,000,000 and delay damages.

2. Determination as to the claim against the Defendant Syman Syman Syman

A. The Plaintiff asserted that the Plaintiff had the right of retention while continuously occupying the instant building after the repair work of the instant building after the construction of the instant building, with the claim for the construction cost of KRW 264,000,000 against the Defendant Daenan L as the secured claim. As such, the Plaintiff sought confirmation that the right of retention exists with regard to the instant building as the claim for the construction cost of KRW 264,000,000 as the secured claim for the instant construction in the voluntary auction procedure for the instant building.

B. (1) "Possession" refers to an objective relationship that shows that an article belongs to a person's factual control under the generally accepted social norms, and to have a de facto control, it does not necessarily mean that an article is physically and practically controlled, but should be determined in conformity with the concept of society by taking into account the time, spatial relationship with a person, principal right relationship, possibility of excluding others' control, etc.

(see, e.g., Supreme Court Decision 2009Da39530, Sept. 24, 2009). Moreover, possession of lien holder, which is a requirement for establishing lien, is either direct possession or possession.