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1. Of the judgment of the court of first instance, the absence of a claim for construction price is confirmed among the application for intervention by the independent party of this case.
Reasons
1. In the first instance trial, the intervenor sought confirmation of the absence of the Plaintiff’s claim for the construction cost against the Defendant, and sought an explanation of each real estate listed in the separate sheet No. 1 as well as a preliminary payment of KRW 300,000,000 to the Defendant. The first instance court dismissed the claim for confirmation on the ground that there is no benefit of confirmation, and accepted the aforementioned preliminary claim against the Defendant.
The defendant only appealed against the part against which the defendant lost, and the intervenor did not appeal against the above part of the dismissal, so the object of the trial by this court is limited to the remaining part except the above part of the claim for confirmation.
2. Basic facts
A. On April 26, 2012, the Defendant, as the owner of each real estate listed in the separate sheet No. 1, which is accommodation facilities (hereinafter “the instant cartel”), ordered Nonparty D to undertake the remodeling work of the instant cartel (hereinafter “instant construction”) for KRW 750 million, and paid 50 million down payment to Nonparty D on the same day.
B. On June 27, 2012, between the Plaintiff and the Defendant, a written contract for construction work was drawn up between the Defendant and the contractor, and the contract amount was KRW 750 million.
C. The Intervenor, who had operated a lodging establishment in another place, proposed that “on the face of a lender, the said KRW 300 million of the construction cost of the instant case would be leased and operated from the Defendant in lieu of the lease deposit,” and the Intervenor, in response thereto, remitted the sum of KRW 39.42 million to the account requested by D during several times from June 5, 2012 to July 29, 2012, and delivered the sum of KRW 280 million on August 7, 2012 to D as a check, thereby paying the sum of KRW 319.42 million to D.