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(영문) 창원지방법원 2017.07.28 2016가단3310
사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 26, 2013, the Plaintiff and C (hereinafter referred to as “Plaintiffs, etc.”) entered into a construction contract with D Co., Ltd. (hereinafter “D”) and the Class II neighborhood living facilities on the fourth floor on the ground of the Chang-si, Chang-si, Chang-si (hereinafter “Plaintiffs building”) with the construction cost of KRW 627,00,000 (including value-added tax).

D Around January 29, 2014, the construction of the above new construction was suspended, and the Plaintiff et al. terminated the said construction contract around that time.

B. On October 4, 2013, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the payment of KRW 38,500,000 for an elevator GPR-PA08-C060 (hereinafter “instant elevator”) on the Plaintiff and E, the representative director of D, and the Plaintiff’s building.

The Defendant, according to the instant construction contract, installed the instant elevator in the instant building, but failed to receive part of the construction cost from D.

C. The Plaintiff et al. filed a lawsuit against D as this Court No. 2014 Ghana3952.

On September 3, 2014, this Court rendered a judgment that "D shall pay to the Plaintiff, etc. 15,500,820 won with interest rate of 20% per annum from March 12, 2014 to the date of full payment" on the ground that the Plaintiff, etc. paid the construction price in excess of D's maturity, and the said judgment became final and conclusive around that time.

On the other hand, on July 23, 2014, upon the Defendant’s application, the instant elevator was issued a provisional disposition of the prohibition of possession or transfer of corporeal movables by the court 2014Kadan2286.

On April 7, 2014, the Defendant cancelled the execution of the above provisional disposition and withdrawn the application for provisional disposition on May 10, 2014.

E. On February 23, 2015, the Plaintiff et al. completed the registration of ownership transfer on each one-half portion of the instant building.

[Basis] Facts without dispute, Gap 1, 2, 3, 4, Eul 2, 8, 9, 10 (including partial numbers) and the purport of the whole pleadings

2. Claims and judgments.

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