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(영문) 서울중앙지방법원 2018.12.12 2017가합539054
공사대금
Text

1. Application for intervention by the Plaintiff’s succeeding intervenor, Plaintiff’s lawsuit against Defendant C, KRW 94,804,629, and KRW 69,856,452 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendants entered into a contract for the work with the Plaintiff and the Defendants: (a) the land of the Plaintiff, the Defendant C, the Defendant D, the J land of the Defendant D, and the Defendant E, respectively (hereinafter “G and each of the above lands owned by the Defendants are “each of the instant lands”).

(2) G and the Defendants agreed to undertake the construction of urban-type residential housing on each of the instant land (hereinafter “instant construction”) by obtaining a loan from the Korea Housing Finance Corporation and paying the construction cost, and delegated the Defendant’s Intervenor F Co., Ltd. (hereinafter “Supplementary Intervenor F”) with necessary administrative affairs.

3) The Intervenor joining the Defendant, a enforcement agent of G and the Defendants, is L Co., Ltd. (hereinafter “L”) around February 2014.

(4) On February 25, 2014, the Plaintiff, a comprehensive construction company, upon recommendation of a comprehensive construction company meeting the qualification requirements for joint and several surety loans from the National Housing Fund, agreed to enter into a contract for construction with the above comprehensive construction company upon entering into a contract for construction with L to contract total contract amount of KRW 5,415,859,80,00 for the instant construction, (1), (2) six months after the commencement of the construction period, (35,352,200 for the instant construction project, and (4) six months after the commencement of the construction period, (2) the contract amount for the new urban residential housing construction project on the instant land among the instant construction projects from Defendant C, (10 months after the commencement of the construction period, (3) the contract amount for the new urban residential housing construction project on the instant land, (1),35,3525,200, and (4) months from the commencement of the construction period, and (4) months from the commencement of construction period from the date of the construction, and (3) months from the commencement of the instant construction project.

(hereinafter “instant contract”). (b)

The termination and termination of the instant contract.

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