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(영문) 대전고등법원(청주) 2016.05.03 2015나220

공사대금 및 약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 18, 2008, the Plaintiff entered into each of the instant construction contracts and settled the construction cost. On September 18, 2008, the Plaintiff and the Defendant’s Cheongju-gu B building (hereinafter “instant building”).

3) Of the construction works, reinforced concrete construction works (hereinafter “instant construction works”) are as follows.

(2) On November 20, 2008, the Plaintiff and the Defendant concluded a construction contract on the instant two construction works of reinforced concrete (hereinafter “instant two construction works”).

3) On July 13, 2009, the Plaintiff’s construction of reinforced concrete among D factories built by the Defendant and the Defendant (hereinafter “instant three construction works”).

3) As to the construction contract, the construction contract was concluded (hereinafter collectively referred to as “each of the instant construction works”).

(4) On July 21, 2009, the Plaintiff and the Defendant settled the unpaid construction cost as KRW 350 million with respect to each of the instant construction works (hereinafter “the instant construction payment”).

B. On August 21, 2009, E, the owner of the instant building, who entered into the instant agreement, borrowed the name of G Co., Ltd. (hereinafter “G”) with the Defendant’s consent, and drafted an agreement on the repayment of the remainder of the construction project (hereinafter “instant agreement”). The main content of the instant agreement is as follows.

2. Details of agreement;

A. E is a person who engages in new construction, sale and lease of a building with the trade name of H, and G completed the construction of the instant building while constructing it.

B. The payment of the construction cost was made to G in accord with the instant building 202 newly constructed by E (hereinafter “instant building 202”), and G accepted it, but the procedure for ownership transfer registration was not fulfilled.

(c) pay to G KRW 350,000,000, commercialized money, as follows, under the responsibility of E, the above 202 piece of money offered to G as payment in kind:

1 E is above.