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(영문) 광주지방법원 목포지원 2018.08.17 2017가합11587
유치권 존재 확인
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Facts of recognition;

A. Conclusion of a construction contract 1) Defendant B and E Co., Ltd. (hereinafter “E”).

Around April 24, 2013, F Hospital (hereinafter referred to as “instant building”) is located on the ground of the land listed in attached Form 1.

(2) On the same day, E concluded a new construction contract with the construction cost of KRW 8 billion and subcontracted the construction cost of KRW 7.2 billion to the Plaintiff again on the same day. However, the Plaintiff and E did not have sufficient funds to take charge of the entire construction work. On November 201, 2013, the Plaintiff and E concluded reinforced concrete construction among the entire construction works [the underground parts of the instant building (hereinafter “instant underground parts”).

The construction work refers to the construction work, and this part of the construction work (hereinafter referred to as “instant subcontracted project”) entered into a subcontract with the construction period from May 1, 2013 to February 28, 2015, with the construction amount of KRW 2 billion (including surtax).

B. During the process of the instant subcontracted project, the Plaintiff borrowed KRW 300 million from G (the husband of H) on May 28, 2014, and “the Plaintiff is unable to complete the instant subcontracted project by July 28, 2014,” the Plaintiff, from among the construction cost of the instant subcontracted project, transferred KRW 350 million of H’s claim, KRW 40 million of the construction cost of the instant subcontracted project, and KRW 850 million of the remainder of the construction cost after deducting KRW 300 million of the claim of JJ operating I, and KRW 300 million of the construction cost (i.e., KRW 1., KRW 1.95 billion - KRW 350 million - KRW 400 million - KRW 300 million - KRW 300 million of the construction cost) to the Plaintiff on May 28, 2014, and the Plaintiff directly renounced the construction cost to the Plaintiff on the date of borrowing KRW 300 million.

3. However, the Plaintiff failed to complete the subcontracted construction of this case by July 28, 2014, which was promised earlier, and on August 14, 2014, “the construction period from May 28, 2014 to July 28, 2014,” all the construction cost and lien when the M&D construction was not completed during the period from May 28, 2014 to July 28, 2014.

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