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(영문) 대전지방법원 2017.11.08 2015가합106534
공사대금
Text

1. The Plaintiff:

A. Defendant B’s KRW 4,961,072,070 and 5% per annum from December 30, 2014 to November 8, 2017;

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the construction business, etc., and Defendant B is the owner of E and three parcels (hereinafter “instant land”). Defendant D is the actual manager of Defendant C Co., Ltd. (hereinafter “Defendant Company”).

B. On November 22, 2011, the Plaintiff entered into a contract for construction works with Defendant B and the instant land (hereinafter “instant construction works”) with the content that construction works, which are primarily compounded buildings (hereinafter “the instant building”). On the ground of the instant land, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the content that the construction works are awarded a contract by setting the construction cost of KRW 18,972,80,000 (including value-added tax; hereinafter the same shall apply) on November 28, 2011 on the date of commencement, the date of completion, as of November 28, 2011; and on February 28, 2014; and 0.1% of the contract amount for delay compensation (hereinafter “instant contract”).

C. On the other hand, around July 14, 201, Defendant B, Defendant Company, Plaintiff, F, Korea Trust Co., Ltd. (hereinafter “Korea Trust”), and Busan Agricultural Cooperative Co., Ltd concluded a business agreement and agency contract with respect to the construction and sale of the instant building. The contract includes the following:

Article 1 (Purpose) The purpose of this Agreement is to clarify the scope of duties and responsibilities between Company A and Company B and Company B and to efficiently manage trust property and proceeds from sale pursuant to the Act on the Sale of Buildings (hereinafter “Building Act”) and to efficiently manage trust property and proceeds from sale, thereby protecting buyers and carrying out this project.

Article 3 (Performance of Services and Duties) A, B, C, and C shall perform any of the following duties and bear the responsibility therefor:

(1) A1 shall perform the following duties as the implementer of the main project:

6. A seller of buildings in units under the Construction Act, such as a report on the sale of buildings in units and a report on a free contract.

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