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(영문) 대전지방법원 2012.07.12 2012가합1430
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 184,944,810 as well as 20% per annum from June 27, 2012 to the day of full payment.

Reasons

1. Indication of claim;

A. The Defendant is a company that executes the construction of a new building listed in the separate sheet (hereinafter “instant building”) (hereinafter “instant construction”). BentC is the contractor of the instant construction. The Plaintiff is a person who completed the instant construction work by being awarded a contract for molding and steel works among the instant construction works from ententC Co., Ltd.

B. A around October 2008, the Plaintiff: (a) around October 10, 2008, had a claim for KRW 184,944,810 of the remainder of the construction cost for molding and steel works among the instant construction works; (b) around October 10, 2008, the Defendant prepared and delivered to the Plaintiff a sales contract (Evidence No. 4 of the instant sales contract; hereinafter referred to as “instant sales contract”) stating that the sales price of KRW 184,94,810 was paid in full as to the Plaintiff’s obligation to pay the said construction cost.

C. However, when the completion of the building of this case was not completed, the new construction was suspended due to the commencement of the voluntary auction procedure on the site, and the registration of provisional seizure was completed on May 29, 2009 by the Defendant’s creditor B, upon the application for provisional seizure against the building of this case where unregistered buildings were filed by the Defendant, and the registration of provisional seizure B was completed on the same day.

At present, in addition to the above provisional attachment registration, 5 cases of provisional attachment registration, 1 cases of provisional disposition against which the right to demand mortgage under Article 666 of the Civil Code is the right to be preserved, 1 cases of provisional disposition against the right to demand mortgage removal, 1 cases of claim for ownership transfer, 2 cases of provisional registration, and 3 cases of seizure are being completed. On the other hand, the defendant's creditor C is currently proceeding for compulsory auction on January 9, 2012 upon receipt of the decision to commence compulsory auction as Youngju District Court Young-dong Branch D for the building in this case.

E. According to the above facts, the sales contract of this case was concluded.

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