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(영문) 서울고등법원 2016.05.27 2014나2047588
공사대금
Text

1. The judgment of the first instance, including the participation of the Plaintiff’s succeeding intervenor in the trial, shall be amended as follows:

Reasons

1. Basic facts

A. On October 16, 2009, the Defendant purchased KRW 1322 square meters of C forest land (hereinafter “instant land”) from G in Sungsung-si, the purchase price of KRW 250 million. However, the Defendant agreed to complete the registration of ownership transfer as soon as the said land was within the land transaction permission zone, and deliver all transfer documents to the Defendant’s designated person after obtaining a building permit under G’s name.

B. Accordingly, the Defendant decided to construct two detached houses on the instant land, and concluded a contract on June 10, 201 with D and the construction cost of KRW 400 million on June 25, 2010 on the date of commencement, and November 30, 201 on the date of completion. D waived waived the said construction on January 10, 201 due to financial shortage, etc.

C. After introduction of E from D on August 16, 201, the Defendant: (a) concluded a construction contract under which D had suspended construction work and appurtenant work (hereinafter “instant construction work”); (b) the construction cost of KRW 220 million (including additional tax); (c) August 16, 201 on the date of commencement; and (d) October 16, 201 on the date of completion of construction; and (b) concluded a construction contract under which D had been the client “Defendant”; (c) the contractor “D” and “contractor E” (hereinafter “instant contract”); and (d) the Defendant, the client, is liable for the guarantee of the instant contract.

However, E, while the construction cost of the instant construction project is insufficient, intended to divide the Plaintiff and the instant construction project, which is a corporation for the purpose of housing and commercial building construction project, with a view to distributing 50% profits each by 50%, and agreed with the Plaintiff on September 23, 201, as follows.

hereinafter referred to as "the site name of the first agreement": The interior of 100 square meters in and outside of the house of all the C in the Seosung-si of Gyeonggi-do.

1.This Agreement is to be completed by Gap (hereinafter referred to as "E") and Eul (hereinafter referred to as the plaintiff) as a joint work for the purpose of completing the above-mentioned site for cash loans and estimates for consumption and for the completion of the said site.

2. Gap and Eul:

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