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(영문) 서울중앙지방법원 2016.08.24 2014가합41433
공사대금 등
Text

1. Defendant (Counterclaim Plaintiff) B: (a) 62,438,000 won to the Plaintiff (Counterclaim Defendant) and its related amount from August 23, 2014 to August 24, 2016.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. 1) On August 26, 2013, the Plaintiff entered into a construction contract with Defendant B and Seocheon-gun, Gangwon-do, as well as the construction of the Ewalle construction of the Ewalle on a lot of land (the steel frame, panel, retaining wall, office building, and other construction; hereinafter referred to as “instant construction”).

As to the construction contract (hereinafter “instant construction contract”) with the content that the construction cost shall be KRW 400,000,000, and the construction period shall be from August 26, 2013 to September 2013 (hereinafter “instant construction contract”).

(2) The Plaintiff and Defendant B entered into a contract with the Plaintiff (beneficiary) on the basis of the money of the Plaintiff’s preferential payment, and with respect to wages and materials, the Plaintiff and Defendant B entered into an agreement with the Plaintiff and Defendant B (person ordering) on the basis of their entry into a bank loan in the event of completion of the steel framed, and on the remainder

(Article 7). B. of the instant construction contract

(1) The Plaintiff, each type of construction work, performed the instant construction work by directly concluding a contract with construction contractors, and through F, performed the construction work of installing gGGGs and building supply units, but the instant construction work was suspended by F around November 2013. (2) On December 2013, the Plaintiff concluded a contract for the construction work of G, steel frames and printing teams at KRW 200,000 for the construction cost.

After that, the instant construction was completed and approved on June 5, 2014.

C. Defendant B, among the real estate listed in the separate sheet on July 3, 2014, completed the registration of ownership transfer on each land under the name of Defendant C, his/her father, due to the donation from June 20, 2014, and completed the registration of ownership preservation of the building among the real estate listed in the separate sheet on July 3, 2014. (2) Defendant B established the right to collateral security of KRW 840,00,000 for the real estate listed in the separate sheet on July 3, 2014.

On July 15, 2014, the maximum debt amount of the right to collateral security was changed to KRW 720,000,000.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, 3.

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