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(영문) 서울중앙지방법원 2018.09.13 2018가합526567
손해배상(기)
Text

1. As to the Plaintiff’s total construction cost of KRW 338,00,000 and KRW 200,000,000, among them, the Defendant Company’s total construction cost of KRW 338,000.

Reasons

1. Basic facts

A. On May 31, 2013, the Plaintiff entered into a contract for the construction of the instant building (hereinafter referred to as “instant construction”) at the contract price of KRW 858,00,000 (including value-added tax) with the Defendant Haju-si Construction Co., Ltd. (formerly: Geum River Comprehensive Construction Co., Ltd.; hereinafter “Defendant Haju”) on the construction of the ground neighborhood living facilities (hereinafter “instant land”).

(A) According to the “Special Clause” attached to the instant contract (hereinafter “instant contract”). According to the “Special Clause” attached to the instant contract, an agreement was concluded to pay each of the KRW 150 million upon completion of the 2nd floor, with the payment for the completion of the 2nd floor, the amount of KRW 150 million at the time of completion of the 2nd floor, the amount of KRW 150 million at the time of completion of the 3rd construction, the amount of KRW 200 million at the time of completion of the 4th construction, and the amount for the completion of the 4th construction completion.

B. According to the instant contract, the instant building was newly constructed and approved for use on February 18, 2014, and the Plaintiff completed registration of initial ownership in the name of the Plaintiff on March 4, 2014.

(Nos. 1, 2, 4-1). (c)

Meanwhile, under the premise that the balance of the construction cost of this case is KRW 338,00,000 (=858,000,000 - 520,000,000) out of the construction cost of this case, Defendant Nonparty C transferred KRW 45,00,000 out of the balance of the construction cost of this case to Defendant C on March 20, 2014, and notified the same day. ② Around March 25, 2014, Defendant D transferred KRW 130,00,000 to Defendant D on the same day, and (3) on April 4, 2014, transferred the credit transfer amount of KRW 19,00,000 to Defendant C on the same day, and each of Defendant C transferred the credit transfer amount of KRW 300,000,000 to Defendant C on the same day, and notified each of Defendant E-10,0004,000 on the same date.

38,000,000 won in total of the bonds subject to the above transfer, as set forth in subparagraph 1.

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