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(영문) 서울중앙지방법원 2017.04.20 2013가합36564
공사대금
Text

1. From July 1, 2015, Plaintiff A’s primary claim against Defendant D, KRW 98,038,356, among the lawsuits, and its related thereto.

Reasons

1. Basic facts

A. Defendant D and Defendant E entered into a sales contract between Defendant D and Defendant E 1) As the introduction of G, known to and from around March 10, 2005, Defendant D, at the voluntary auction procedure for Goyang-gu Seoul District Court Goyang-gu Seoul District Court on March 10, 2006 (hereinafter “instant land”).

(2) The building of this case shall be referred to as "the building of this case" in total before and after the completion of the construction and construction on the ground.

After purchasing the instant building, Defendant D, on March 21, 2008, sold the instant land and the instant building progress up to eight billion won to Defendant E, but the down payment of KRW 500 million was divided into KRW 20 million per contract date and KRW 300 million on April 21, 2008, and the remainder of KRW 7.5 billion was paid within one month after the completion of the instant building (hereinafter “instant sales contract”).

B. Defendant E and J Co., Ltd. (hereinafter “J”) signed a contract between Defendant E and J Co., Ltd. on March 24, 2008

B) As to the construction of the instant building, the J entered into a contract with the said construction cost of KRW 3.3 billion. (2) On May 28, 2008, while the construction of the instant building was being carried out, the J completed the 11st floor structural frame and roof construction of the instant building and took an awareness of the volume, and continued the construction due to the shortage of funds around June 20, 2008 while carrying out the construction of the instant building until June 19, 208.

C. Defendant E and Defendant F Co., Ltd. (hereinafter “Defendant F”) for the purpose of implementing the instant building on August 29, 2008, Defendant E and Defendant F Co., Ltd. (hereinafter “Defendant F”).

(2) On September 4, 2008, Defendant E established a sales contract and the management trust contract with Defendant F and Defendant D with respect to the instant land and building would be concluded smoothly.

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