logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.03.20 2017가단2247
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The progress of the instant construction project 1) Nonparty C around April 2015 between Nonparty D and Non-Party D, the E ground Fvalescent Hospital (hereinafter “instant convalescent Building”) at the time of leisure between Non-Party D and Non-Party D.

(2) Around October 2015, the Plaintiff entered into a construction contract for remodeling of the instant building in a convalescent hospital (hereinafter “instant construction contract”) with the said C at KRW 280,000 and carried out the instant construction work until April 30, 2016 by setting the construction amount as KRW 280,00,000 between the said C and the medical corporation (hereinafter “instant construction contract”), and the instant construction work until April 30, 2016.

3) Of the above construction cost, C paid KRW 145,00 to the Plaintiff. The unpaid construction cost remains in KRW 135,273,265, but the construction was suspended due to the failure to pay construction cost. Around that time, the Plaintiff occupied the site. (B) On July 10, 2016, Nonparty D, who entered into a sales contract with Nonparty D with Nonparty D, sold the instant convalescent hospital building at KRW 4.8 billion to the Defendant (hereinafter “instant sales contract”).

On July 11, 2016, the Plaintiff entered into a contract with the Defendant for the waiver of the right of retention and completed the registration of ownership transfer on July 11, 2016. (c) On August 6, 2016, the Plaintiff entered into a contract with the Defendant for the waiver of the right of retention as follows. The contract amount: The owner and the lien holder entered into a contract for the said construction between the owner and the lien holder as above, but the said bonds related to the said construction are confirmed as present and the said right of retention is to waive the right of retention. The Plaintiff and the owner of the right of retention: The contract amount: the Defendant document is for bank submission, the amount of contract amount of KRW 11,50,000,000 (111,50,000,0000,0000 won) (No. 11,50,0000 won) (No. 1) between the owner and the lien holder as above.

arrow