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(영문) 부산고등법원 (창원) 2018.09.13 2017나20640
공사대금
Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) B and C lose the amount exceeding the amount ordered to be paid below.

Reasons

A. Along with Defendant B, the instant apartment house construction contract was entered into with the acquisition of all rights and obligations under the construction contract regarding the said new construction project.

(hereinafter “instant construction contract”). C. (1) The instant construction contract dated August 7, 2015.

The construction period of the instant construction contract as of August 7, 2015 was from June 1, 2015 to December 31, 2015, and the construction cost was KRW 1.95 billion (including value-added tax), and the construction cost was KRW 2.145 billion (including value-added tax), and the “settlement of construction works other than drawings as additional construction cost” (Article 15 of the Special Agreement).

On the other hand, the term “construction cost payment terms” is as follows:

1. The construction cost shall be borne by the contractor, and the owner shall provide security; and

2. Contract price for a construction project: A project owner shall provide a person designated by the contractor with documents necessary for the loan of funds due to the construction cost after the completion of the contract;

3. The sale price during the construction works shall be used as the total construction cost;

4. The balance of the construction cost shall be paid as a financial loan after completion.

*A separate fee for electrical personnel, a separate fee for water supply personnel, a separate design fee, a separate supervision fee, and a separate surcharge

D. On January 27, 2016, Defendant B acquired Defendant C from the Plaintiff and assumed office as the representative director of the said company.

E. On February 1, 2016, Defendant C concluded a contract for construction works with the Plaintiff on the new construction of the instant tenement house.

(hereinafter “The instant construction contract as of February 1, 2016,” and the overall term of the construction contract as of August 7, 2015, supra, referred to as “each instant construction contract” (hereinafter “instant construction contract”). Since then, Defendant B changed the name of the owner of the instant apartment house to Defendant C, and completed the registration of ownership transfer on May 12, 2016 with regard to land E.

G. The Plaintiff completed the instant 16 household units in accordance with each of the instant construction contracts on April 2016, and the Defendant C completed the registration of ownership preservation for the said 16 household units on April 29, 2016.

H. Defendant B is from Defendant D to pay the cost of new construction of the instant tenement house.

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