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(영문) 춘천지방법원속초지원 2017.11.23 2016가합300130
공사대금
Text

1. Of the Plaintiff’s lawsuit against Defendant B, KRW 730,507,676 and damages for delay from April 5, 2017.

Reasons

1. Basic facts

A. 1) E-building and maintenance project association (hereinafter referred to as the “E-building association”)

on January 15, 2005, F Co., Ltd. (hereinafter referred to as “F”)

32 billion won and 3 apartment units on the ground of the land, G, and 98, the 32 billion won and the 3.0 billion won and the construction cost of the apartment units (hereinafter “instant apartment units”).

2) On February 16, 2005, F ordered a new construction project to the Plaintiff (hereinafter “Plaintiff Company”) to perform a subcontracted project with a cost of KRW 4 billion 2,9550,000,000 among the said new construction project, and the Plaintiff Company defaulted on December 2005. On January 16, 2005, the Plaintiff Company suspended the construction project around 101 and 102 out of the three new apartment buildings of this case, and around 12, 2006, while the construction project was being implemented by the Plaintiff (hereinafter “Plaintiff Company”).

3) On September 11, 2006, H merged part of the housing construction business and building construction business divided by F, and on February 7, 2007, Inc. I (hereinafter “I”).

4) E reconstruction association awarded a contract to I for an unsatisfy portion of the instant apartment construction project, and I subcontracted to the Plaintiff Company a total of KRW 3.6879 billion, including the total construction cost, up to October 2006, the part of the pelfy portion of the pelfy construction project in question was subcontracted to the Plaintiff Company at KRW 3.6879 billion.

(A) At around May 18, 2007, I suspended the construction of the instant apartment on the ground of financial difficulties, etc., and at that time, the Plaintiff Company suspended the construction of the instant apartment at around 101 Dong and 102 Dong among 3 apartment buildings of this case, and up to 14 Dong and up to 103 Dong Dong and up to 15 stories. (B) Around September 18, 2007, K et al. filed an application for voluntary auction on the newly constructed apartment site of J, and the auction procedure was conducted with the Seocho District Court’s first branch support L.

2) M, the actual owner of F, and Defendant D’s friendship, the Defendant D, along with N, shall be the J Co., Ltd. (hereinafter “J”) on May 13, 2009.

3) Since then the J established Defendant D and M on April 25, 2010.

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