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(영문) 서울중앙지방법원 2015.02.12 2013가합553199
공사대금 청구의 소
Text

1. The defendant shall pay to the plaintiff KRW 3,571,144,405.

2. The costs of litigation shall include parts resulting from the participation.

Reasons

1. Basic facts

A. On June 30, 2009, the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) specified the Plaintiff as construction cost of KRW 29,497,665,00 (including value-added tax of KRW 404,025,00) for the construction work that newly constructs apartment buildings, neighborhood living facilities, and ancillary and welfare facilities (hereinafter “instant apartment”) in Yang-gu, Gyeyang-gu, Yangyang-gu, Yangyang-gu, Yangdong-gu (hereinafter “instant apartment”).

B. On September 17, 2009, with respect to the new construction of the instant apartment on September 17, 2009, the auxiliary intervenor entered into a PF loan agreement with the content of loans 4.5 billion won from our social company (hereinafter “Korea”) and the Plaintiff jointly and severally guaranteed the Intervenor’s obligations.

In addition, along with the conclusion of the above PF loan agreement, the Plaintiff, the Intervenor, and the Defendant entered into a management-type land trust agreement with the trust company and the beneficiary, the Plaintiff, the first beneficiary of the construction and the second priority, and the first beneficiary of the social developed by Korea (hereinafter “instant trust agreement”).

As a result, the new apartment construction project of this case (hereinafter referred to as the "project of this case") and the new apartment site of this case were entrusted to the defendant, and the project undertaker of this case was also changed to the defendant on December 15, 2009.

C. On January 11, 2010, the Plaintiff entered into a contract on the change of construction contract of this case with the Intervenor to KRW 29,998,046,90 [Value 402,791,400, value 295,255,500, the supply price of KRW 29,595,250 (value 2,950,000)]. Under the instant trust contract, the Plaintiff entered into a contract on the change of construction contract of this case with the Intervenor to succeed to the status of the Intervenor under the said contract and the contract on the change of construction contract of this case with the Defendant and the Intervenor.

(hereinafter referred to as the “instant contract”). D. of the foregoing modified contract.

On the other hand, the plaintiff, the defendant, and the assistant intervenor around April 201.

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