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Reasons
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(영문) 부산지방법원 2014.01.23 2012가단58414
양수금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. With respect to the construction of a new neighborhood living facility outside Kimhae-si B and one parcel (hereinafter “instant construction”) on July 20, 201, a written contract for construction works was prepared between the Defendant and C Co., Ltd. (hereinafter “C”), the owner of the building, and the construction cost of KRW 880,000,000 (including additional tax) and the construction period of November 25, 201. On November 25, 2011, each of the changes was made to the construction cost of KRW 715,00,000 and the construction period of KRW 715,00,000, and each of the changes was made until December 20, 2011.

B. Around July 25, 2011, C’s representative director D prepared a written confirmation as follows with respect to the instant construction project to F, a representative of E Co., Ltd. (hereinafter “E”), who is the representative of E Co., Ltd. (hereinafter “E”).

Written Confirmation

1.In respect of new construction cases on the above parcel number, the construction supervisor shall be the E representative F.

2. He/she shall not exercise any right of retention on the current site due to a third party's claim that may arise in C.

3.In all circumstances that may arise from the new construction works on the parcel number above, all consultations on claims and works arising from the construction costs shall be conducted by consultation with the ordering person and EF.

C. Around October 31, 201, the Plaintiff: (a) drafted a subcontract agreement with C as between November 1, 201 and November 25, 2011 regarding the said part of the construction work; (b) on November 25, 201, the scope of the construction work shall be reduced by only the construction work volume; (c) the construction cost shall be reduced by 99,000,000, and the construction period shall be changed by November 1, 201 to December 20, 201.

A neighborhood living facility according to the instant construction was completed on March 9, 2012 and approved for use.

E. Meanwhile, around July 2, 2012, C has to receive the instant construction cost payment from the Plaintiff and the Defendant.

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