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(영문) 전주지방법원 군산지원 2021.02.09 2020가단51325
공사대금
Text

Defendant B Co., Ltd. 33,880,00 won for the Plaintiff and 5% per annum from November 13, 2017 to April 26, 2020.

Reasons

Facts of recognition

A. On October 29, 2012, Defendant C purchased a boiler for compulsory auction (hereinafter “the instant convalescent hospital, etc.”) and completed the registration of ownership transfer in the name of the Defendant C, in which the instant land was combined with the instant land. The Defendant C purchased a boiler for compulsory auction (hereinafter “the instant convalescent hospital, etc.”) from the instant auction procedure (the former District Court Branch Branch F) and the instant land.

B. On May 23, 2016, Defendant C entered into a contract to sell the instant convalescent, etc. in KRW 950 million with G, and at the time, the representative H of the Defendant Company that received remodeling construction from G (hereinafter “the instant construction”) for the instant convalescent hospital was jointly and severally guaranteed the Defendant C’s contractual obligation to sell and purchase the instant convalescent hospital, etc.

(c)

Since then, as G fails to pay any balance due to the detention of a criminal case, Defendant D who invested KRW 200 million in the instant corporation entered into a contract with Defendant C to purchase the instant convalescent hospital, etc. on March 2, 2017, and the same year.

4. On October 31 of the same year, Defendant D et al. completed the registration of the transfer of ownership of the instant convalescent hospital in the name of Defendant D et al., and completed the registration of the transfer of ownership of the instant convalescent hospital on October 31 of the same year.

(d)

On the other hand, on October 10, 2016, the Defendant Company contracted the Plaintiff with the installation work of KRW 80,300,000,000,000, and the installation work of the two units of the above hospital on the 12th day of the same month, respectively.

E. On November 13, 2017, the Plaintiff continued construction as a matter of construction cost while performing the said construction work, and J, the head of the Defendant Company’s site, confirmed on November 13, 2017 that the construction cost that the Plaintiff had not received was KRW 3,388,00.

[Ground of recognition] Unsatisfy, Gap evidence 1, 6, and .

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