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(영문) 수원지방법원 2016.05.19 2015가합68457
공사대금
Text

1. The counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 1,042,00,000 and that amount.

Reasons

1. Determination as to the main claim

A. On August 30, 2007, the Plaintiff confirmed that the contract amount of the instant construction was increased to KRW 2.4 billion as of April 17, 2008, and completed the construction before March 30, 2008, the Plaintiff entered into a contract with the Defendant for the construction of the commercial building (hereinafter “instant construction”) on the land B (hereinafter “instant building”). The Defendant completed the registration of the preservation of ownership on the instant building on April 21, 2008. 2) The Plaintiff and the Defendant confirmed that the contract amount of the instant construction was increased to KRW 2.24 billion as of April 17, 2008, and prepared a written agreement with the Defendant to pay the Plaintiff the construction price remaining after September 30, 2008.

3) The Defendant failed to pay the Plaintiff the full amount of the construction cost by September 30, 2008. On March 6, 2009, the Plaintiff and the Defendant confirmed that the amount of the Plaintiff’s construction cost against the Defendant is KRW 1.04 billion and, based on the maximum debt amount corresponding to 110% of the said money, drafted a written collective security agreement with the Plaintiff to complete the registration of creation of a collateral security with respect to the entire store of the instant building under the Plaintiff’s name. 4) On March 6, 2009, the Defendant completed the registration of establishment of a collateral security with the maximum debt amount of KRW 1.1462 million with respect to the entire store of the instant building.

[Reasons for Recognition] Unsatisfy, Gap 1, 3-5 evidence (including satisfy number), the purport of the whole pleadings

B. According to the above facts of recognition as to the cause of the claim, the plaintiff completed the construction of this case, and the defendant confirmed that the amount of debt for the construction price against the plaintiff is KRW 1 billion and completed the registration of creation of a mortgage on the whole store of this case in order to secure the debt, and thus, the defendant, barring any special circumstance, completed the registration of creation of a mortgage on the whole store of this case, and the remaining construction price is KRW 1 billion and its payment date.

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