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(영문) 부산고등법원(창원) 2014.12.18 2013나3302
공사대금등
Text

1. Of the judgment of the court of first instance, regarding Defendant C reconstruction Association Co., Ltd., the Plaintiff 115,90,771 won and its corresponding amount.

Reasons

1. Facts of recognition;

A. The relevant plaintiff company of the parties is a contractor for the construction of a new construction of a F apartment with the size of 15th and 114 units above the ground (hereinafter “instant apartment”) on the land of the defendant association in Busan Seo-gu D and E (hereinafter “D” and “E”), and the remainder of the defendants except the defendant association are some of the members of the defendant association (However, AX, a co-defendant of the first instance court, who was a member of the defendant association, died on January 10, 2013 while the lawsuit of this case was pending through his attorney BV, and accordingly, the deceased was taken over at the trial of Q, BR, BS, BT, BU, and BU, the heir of the deceased of the deceased) and the plaintiff Eul is a creditor who loaned the plaintiff company funds to the plaintiff company.

B. 1) The contract and the progress of the construction are the initial contracting party G Co., Ltd. (hereinafter “G”).

(2) On March 14, 2002, the Plaintiff Company received from the Defendant Partnership the removal of 48 households, the existing building, and the new construction of the instant apartment on each of the above sites. However, on June 2004, the instant construction was suspended when only the structural construction from the first floor to the fourth floor above the ground was completed. (2) After entering into a contract, the Plaintiff Company acquired the said construction through a petition construction (hereinafter referred to as “petition construction”) and a large-scale car company construction. On November 24, 2005, the Plaintiff Company entered into a provisional contract with the instant association on the instant construction (hereinafter referred to as the “instant provisional contract”), and on December 8, 2005, under the name of the Defendant Association, the representative director H, the Plaintiff Company actually operated under the name of the Defendant Association.

According to the above contract, the Si Corporation is the Plaintiff Company (the previous trade name was "JJ of the Company," hereinafter referred to as "Plaintiff Company"), and the construction cost is 96.49 square meters-type 62 households among the instant apartment buildings, 173.8 square meters-type 9 households among the instant apartment buildings, 110.33 square meters-type 1,2 floor.

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