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(영문) 광주고등법원 2018.05.18 2018나90
공사대금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. On July 12, 2006, the Defendant completed the registration of ownership transfer made on June 15, 2006 with respect to each real estate listed in the separate sheet (hereinafter “the instant telecom”).

B. On December 11, 2017, the Plaintiff was dissolved pursuant to Article 520-2(1) of the Commercial Act. The Plaintiff, who is the father and substantially operated the Plaintiff as the representative director E of the F Plaintiff’s representative director, on his behalf, has no dispute between the parties concerned that the Plaintiff has the authority to conclude the instant construction contract and the sales contract on behalf of the Plaintiff and E. In short, on April 2, 2013, the Plaintiff appears to be erroneous in the contract price column (366,40,000 won) in the construction work cost of the instant Mour (referring to the interior interior Mour, interior interior interior interior interior Mour, interior interior Mour, waterproof, waterproof, flooring, electricity, telecommunications construction, and collectively referred to as the “instant construction”).

(including value-added tax) In concluding a construction contract (hereinafter “instant construction contract”) with the terms and conditions of the contract from April 8, 2013 to July 15, 2013, the construction period was stipulated as special terms and conditions that “the construction cost shall be paid in full within 14 days after completion, and if it is impossible to pay in full, the Defendant shall transfer all business rights and ownership to E.

C. On July 22, 2013, the Defendant concluded a sales contract with F on behalf of E to sell the instant cartel to E at KRW 670,000 (hereinafter “instant sales contract”). The main contents are as follows.

The Defendant and E enter into a sales contract with respect to the Ielel sales contract located in Seoyang-gun D as follows:

2. The defendant and E shall fix the purchase price of the above real estate as KRW 670,00,000 for all of the real estate, buildings, and facilities.

3. The Defendant and E set the construction cost as KRW 245,00,000 for the remodeling of the said real estate;

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