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(영문) 서울북부지방법원 2018.04.10 2017가단108278
공사대금
Text

1. The Defendants jointly pay to the Plaintiff KRW 142,00,000 and the interest rate thereon from January 8, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On January 13, 2012, Defendant B reconstruction Association (hereinafter “Defendant Association”) awarded a contract for the construction work of reconstruction apartment building C on the ground of Dobong-gu Seoul Metropolitan Government to Defendant AS Industrial Development Co., Ltd. (hereinafter “Defendant Company”). Defendant Company subcontracted the construction work part of the said new construction work on December 13, 2012 to the Jin Investment Comprehensive Construction Co., Ltd. (hereinafter “Personal Investment Comprehensive Construction”), but Defendant Company agreed to receive construction cost from the Defendant Company as a substitute.

B. On June 2014, in a case where the Defendant Company did not comply with the agreement to pay the 708 apartment units (hereinafter “instant apartment units”) newly built for construction cost to the Human Investment Comprehensive Construction Company as a substitute, the Defendant Company agreed to transfer the ownership of the instant apartment units to the Human Investment Comprehensive Construction Company on behalf of the Defendant Company.

C. On June 12, 2014, the Plaintiff entered into a sales contract with the Defendant Company and the Human Investment Comprehensive Construction Company at KRW 366,620,00 with the sales price for the apartment of this case as KRW 366,620,00 on the same day after receiving a subcontract for the construction price of KRW 110,000 for the entire construction cost.

After that, on July 1, 2014, the Plaintiff and Human Resources Construction agreed to increase the construction cost of this case to KRW 134,00,000.

Defendant Cooperative is a comprehensive investment construction project operator on August 19, 2014.

In the event of failure to comply with the agreement on payment in lieu of the claim, the Defendant Cooperative agreed to transfer the ownership of the instant apartment to the Plaintiff on behalf of the Plaintiff.

(hereinafter referred to as the “instant accord and satisfaction agreement” even before the payment and satisfaction agreement as described in the above sub-paragraph (c) is concluded.

After the Defendant Company’s default, the Plaintiff entered into a contract for construction directly with the Defendant Union on December 7, 2015, and added KRW 8,000,000 to the construction cost of the instant case.

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