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(영문) 대구지방법원 2018.02.01 2016가단126958
공사대금
Text

1. The plaintiff's main claim is dismissed.

2. As to the attached Formed Works:

A. Defendant B and Corporation F.

Reasons

In light of the above legal principles, the Plaintiff’s right to claim a direct payment of the construction cost of this case against the Defendants cannot be established, since F’s claim for construction cost of this case was extinguished.

The above assertion by the plaintiffs is without merit.

3. Judgment on the conjunctive claim

A. Although the Plaintiff’s assertion F is far more than KRW 80,000,000 for the construction work of this case, the settlement agreement of this case was set up and waived its claim. Thus, the settlement agreement of this case constitutes a fraudulent act detrimental to general creditors, and thus, the Defendant is obligated to pay the Plaintiff KRW 187,00,000 corresponding to the contract price of this case as compensation for value.

B. 1) At the time of the instant settlement agreement, F owned a 1560 square meters of K-type K-type and L-type officetel 11 households at the time of the instant settlement agreement, but there was no collateral value due to the completion of the instant settlement agreement. Although the total value of officetels was 1,859,000,000 (169,000 Won* 111 households) but the total value was 2.6 billion won at the time of the deposit and provisional attachment liability set up therein, among the construction works executed by F, the land construction works, such as the destruction of the first and second floor ground, the construction cost required for the construction of the outer wall collection of the second floor of the ground is 1,298,493,238 won as follows:

(F) On the basis of the following formula, F’s cost of construction of internal columns, cryptive steel bars and cryptive steel bars and cryptive steel bars shall be added. Based on these formula, F’s cost of construction of steel will be KRW 1,232,896,868.

On the other hand, in the case of construction of a scopic file as designed, the cost of the scopic construction is calculated as KRW 1,286,621,852, and the cost of the scopic construction when excluded from the file construction is calculated as KRW 1,060,959,923.

PHC file construction cost = Contract amount* [The cost of the original construction / (the remaining cost of the original construction / the cost of the work)] the construction of this case (PHC file construction).

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