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1. The Defendant’s case concerning the construction cost (No. 2013j. 8) against the Plaintiff of the Gwangju District Court.
Reasons
1. Basic facts
A. (1) On November 22, 201, the Plaintiff entered into the instant construction contract (hereinafter “B”)
3) The Plaintiff’s land (hereinafter “instant project site”) located in the Republic of Korea-U.S., U.S. and four lots owned by the Plaintiff.
2) The construction of a new 5 unit pents (hereinafter referred to as “instant construction”)
(1) The construction cost was set at KRW 4,100,000,000, and the construction period was set at November 25, 201 to April 30, 2012 (hereinafter “instant construction contract”).
(2) On November 23, 201, D guaranteed B’s obligations under the instant construction contract. The Plaintiff and B agreed to pay KRW 1,00,000,000 to D within ten (10) days from the date of completion of the instant construction contract when B completed the construction work at the time of molding construction and shower construction, and the remainder of the construction cost is to be transferred to the account designated by D within ten (10) days from the date of completion of the construction. B) on November 23, 2011, the Defendant, the representative director of D’s wife is the Defendant, who is the representative director, determined the type of mold construction, exposed concrete construction, unused concrete construction, unused construction, value-added construction period (excluding value-added tax), and from November 23, 2011 to May 30, 2012.
(3) On December 16, 201, the Plaintiff completed the registration of creation of a mortgage over KRW 1,200,000 with respect to the instant project site as the debtor on December 16, 201 (hereinafter “registration of creation of a mortgage over the first place of the instant subcontracted project”).
(2) On June 8, 2012, the Defendant agreed to pay KRW 430,00,000,000 to E with the total amount of the principal and the profits of KRW 430,00,000 after two months, and agreed to transfer the instant first collateral security right to E as security. Accordingly, D completed the supplementary registration transferring the first collateral security right to E on the same day. (4) The Plaintiff and B were among the instant construction works on August 7, 2012.