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(영문) 부산지방법원 2018.11.07 2017가합47829
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a company registered as a general constructor, and the Defendant is a person registered as the owner of a new construction project with the ground-based collective housing (hereinafter referred to as “instant collective housing”) of land C and D (hereinafter referred to as “instant land”).

On August 21, 2015, E, the owner of the instant land and the owner of the instant new apartment construction project, who was the owner of the instant land, was the owner of the instant land and the owner of the instant new apartment construction project, was the transferee of G Co., Ltd. (hereinafter referred to as “G”) for which FF had worked as the vice president between F and F of the Defendant’s Siberter F, and transferred the instant land and the instant new apartment construction project right in KRW 480,00,000, but the owner entered into a contract for business rights and real estate acquisition with the content that the name of the owner

E, on November 2, 2015, with the Plaintiff as the contractor, drafted a standard contract for private construction works (hereinafter referred to as “contract on November 2, 2015”) under which the date of commencement of the new construction work of the instant multi-family housing as the date of commencing the new construction work of the instant multi-family housing as the date of November 5, 2015, and the date of completion of the completion of the new construction work as the date of June 30, 2016, and the contract amount of which is KRW 2,00,000,000 (value-added Tax Exemption Project) and the contract amount is determined as the contract amount, and the ownership transfer registration was completed in the Defendant’s future on May 31, 2016. The Defendant, with the Plaintiff as the contractor on June 15, 2016, prepared the contract amount for the new construction work of the instant multi-family housing as the contract amount for delay to be KRW 2,00,000,00 (hereinafter referred to as the contract amount for delay).

Plaintiff

The Plaintiff’s representative director’s account, KRW 60,00,00 on June 1, 2016, KRW 5,000,000 on June 27, 2016, KRW 40,000 on August 18, 2016, and KRW 145,00,000 on September 20, 2016, and KRW 20,000 on September 31, 2016, were deposited in the Defendant’s name.

The defendant raised objection to the plaintiff on November 30, 2016.

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