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(영문) 부산고등법원(창원) 2020.06.18 2019나11688
공사대금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s representative F and Defendant C purchased the land of the Masan-si E and D, Changwon-si, and established the Plaintiff for the purpose of promoting the electric source housing development and sale business (hereinafter “instant business”). The F decided to raise development funds, and the Defendant C decided to take charge of the housing site development project and the authorization and permission business.

B. Defendant B Co., Ltd. (former trade name: Q., Ltd.; hereinafter “B”) is a company engaged in civil engineering work, etc., and Defendant C is a substantial operator.

C. On October 10, 2014, with respect to the creation of the instant project site under the name of the Plaintiff and Defendant B (hereinafter “instant contract”) the agreement signed on January 28, 2015 (hereinafter “instant contract”) and the agreement signed on January 27, 2015 (hereinafter “instant contract No. 1-3”; hereinafter “instant contract”) on January 1, 2015, with respect to the instant project site creation, the Plaintiff and the instant contract signed on October 10, 2014 (hereinafter “instant contract”). The main contents are as follows.

Standard Contract for Private Construction Works in the First Contract of this case

1. Construction name: K Development Corporation;

2. Place of construction: D outside;

3. Date of commencement: The date scheduled for completion on October 4, 2014: The contract price: 197,000,000 won (including value-added tax) on January 5, 2015; October 10, 2014;

1. Construction name: K Development Corporation;

2. Place for construction: Six parcels per day of D;

3. Date of commencement: The date scheduled for completion on October 4, 2014: The contract amount before amendment on January 28, 2015: 197,000,000 won (including value-added tax).

6. Contract amount after the modification: Standard contract for private construction works of this case on January 28, 2015, 279,400,000 won (including value-added tax);

1. Name of the project: M Development Corporation;

2. Place of construction: I outside;

3. Date of commencement: The date scheduled for completion on January 27, 2015: May 20, 2015: Contract amount: 1,039,600,000 won (including value-added tax) on May 20, 2015; The fact that there is no dispute, and the fact that there is no ground for recognition on January 27, 2015;

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