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(영문) 서울중앙지방법원 2016.06.02 2015가합529961
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On March 13, 2013, Defendant Korea Assets Trust Co., Ltd. and Plaintiff B’s subcontract agreement (hereinafter “B”) received a contract for the construction work of “D hotel” on the ground (hereinafter “D hotel construction work”), which was set as KRW 20,600,000,000 (excluding value-added tax) from Jeju Won Co., Ltd. (hereinafter “D”) as of March 15, 2013 on the date of the commencement of the construction work.

On March 26, 2013, Defendant Korea Asset Trust Co., Ltd. (hereinafter referred to as “Korea Asset Trust”) entered into a sale-type land trust contract on the above hotel site with Dudiwon, and completed the registration of ownership transfer in the name of Defendant Korea Asset Trust on the above hotel site on March 29, 201.

On April 26, 2013, Defendant Korea Asset Trust, B, and Daehan concluded a contract for the succession of construction contract with the content that the status of the contractor of the construction contract for the instant First Construction Project is changed from a DNA to the Defendant Korea Asset Trust. On May 30, 2013, the part of the instant First Construction Project was separated from the part of the interior project, and the construction cost was determined as KRW 2.8 billion, and the total construction cost was reduced to KRW 18 billion.66 billion.

On September 25, 2014, Defendant Korea Asset Trust and B entered into a modified contract with the content that the completion date of the instant First Corporation shall be extended by November 26, 2014.

On the other hand, between B and B on August 20, 2014, the Plaintiff entered into a subcontract with respect to the landscaping project among the instant first construction project (hereinafter “instant hotel landscaping project”) on August 20, 2014; on September 30, 2014, the date of completion; on September 30, 2014; and on September 30, 2014, the construction cost of KRW 3465 million (including value-added tax) and entered into a modified contract with the effect that the completion deadline on September 30, 2014 is extended by November 26, 2014.

The Defendant A Co., Ltd.’s contract and the Plaintiff’s subcontract agreement entered into on January 8, 2014.

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