공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant’s business of constructing and selling officetels 1) The Defendant’s wife population C and 2 parcels owned by the Defendant (hereinafter “instant business site”)
3) The business of constructing and selling officetels on the ground (hereinafter “instant business”)
(1) On May 1, 2012, Korea Trust Korea Co., Ltd. (hereinafter “Korea Trust”) (hereinafter “Korea Trust”) for proceeding.
(2) On May 24, 2012, the Defendant concluded a contract on the instant project site with the Dosan Construction Corporation (hereinafter “Dosan Construction”) and the Dosan Construction Corporation (hereinafter “Dosan Construction”) under the instant project as the sales management trust contract (hereinafter “instant trust contract”), and added the said security trust contract to the Dosan Construction as the Dosan Construction first beneficiary, and entered into a business agreement between the Defendant, Dosan Construction, Korea Korea Trust, and Youngdong Dosan Branch.
B. As the instant construction project did not properly proceed due to the Defendant’s financial reasons for the termination of the construction contract between the Defendant and the Dosan Construction and the conclusion of the construction contract with the Plaintiff, the said contract concluded between the Defendant and the Dosan Construction was terminated on December 28, 2012. Accordingly, on December 28, 2012, the Defendant entered into a contract with the Plaintiff at the contract price of KRW 10,105,000,000 for the instant construction project, around January 2013 of the commencement date, around June 2013, and around June 2014 for the completion date of the construction contract (hereinafter “instant contract”), and changed the first priority beneficiary under the said sale management trust agreement to the Plaintiff.
C. The Plaintiff’s subcontract execution and suspension of construction as to part of the instant construction works 1) The Plaintiff entered into the instant contract and entered into a s.M. construction company (hereinafter “S. construction company”).