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(영문) 창원지방법원 마산지원 2021.01.14 2019가단105033
공사대금
Text

C Co., Ltd. shall pay to the Plaintiff KRW 150,00,000 and 5% per annum from February 22, 2017 to December 9, 2019.

Reasons

1. Basic facts

A. The plaintiff is a person who is engaged in the interior interior fishery with the trade name of "D", and the Selection C is a company that engages in the real estate sale and purchase and the entrance and purchase business, and the defendant is the Selection C's master.

B. On July 9, 2015, the Selected C (Executor) entered into a contract for construction work with E (hereinafter “E”) regarding the construction work of new G apartment located in Gyeongnam F (hereinafter “instant construction work”).

(c)

H Lending the name of “D Company A” from the Plaintiff on July 21, 2016, with respect to the interior works of the instant building (hereinafter “in the instant interior works”) during the instant construction works, H entered into a subcontract by setting the contract period of KRW 65 million (50 million in the supply price) and the period thereof by August 30, 2016.

With respect to the payment of the above construction cost, “(i) one debt of the first house located in the Seoul Special Metropolitan City, which is being executed separately by E, shall be paid as a substitute for the said construction cost, ② from August 15, 2016 to August 20, 2016, cash KRW 100 million shall be paid, and ③ The remainder shall be paid in cash within 15 days after completion.”

(d)

On August 20, 2016, H, who was proceeding with the Corporation and did not pay the construction cost at all, suspended the construction work on September 2016, and the Defendant, the main owner of the implementation company’s actual inspection, sent L, the representative director J, the E representative director K, etc. at the representative C office on November 4, 2016 to discuss the countermeasures, agreed on the method of the payment of the construction cost as the Plaintiff would receive 1 bonds from the selected party C in the instant construction work, as the Plaintiff would receive the substitute payment from the designated party C in the instant construction work (the former construction work in the Changwon-gu, where E was separately constructed at the time, is not entirely under progress due to the financial shortage of E, and thus, the Defendant, the owner of the implementation company’s actual inspection, as the replacement of the substitute products of the I house, as the substitute products of the G 1 bonds of the apartment house.

E. On the same day, E, along with H, shall immediately be the E Office.

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