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(영문) 대전지방법원천안지원 2015.07.10 2014가합4265
토목공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 3, 2008, the Defendant entered into a contract for the construction of a new site for factory (Evidence A 3; hereinafter “instant civil works”) with the Plaintiff, who runs a construction business under the trade name of “D” on December 3, 2008, with respect to the land owned by it, as to the land of this case (hereinafter “instant land”).

According to the above contract, the construction cost shall be KRW 300 million, and after the completion of construction, the Defendant sold the instant land and paid it when the purchase price is deposited.

In particular, the instant civil works contract provides that “The Plaintiff may not claim any intermediate payment and any balance other than advance payment out of the progress payment for the construction work before the land is sold.”

(f) section 8(f)

B. The Plaintiff performed the instant civil engineering work by July 2009.

C. D was an enterprise in which the Plaintiff’s three villages is actually operated by E (hereinafter “D”), and was closed on or around December 31, 2013.

On July 1, 2014, the Defendant concluded a sales contract with the following content: (a) as to the instant land and G field 3,967 square meters (the access road to the instant land was divided into H land on July 29, 2014); (b) as to the obligor Company I (hereinafter “I”) and the maximum debt amount as KRW 1,950,00,000,000; (c) as between I and I, as to the instant land and G field 3,967 square meters (the access road to the instant land was divided into H land on July 29, 2014; (d) on July 3, 2014, the Defendant created a mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based land; (e) the intermediate payment shall be KRW 1.2 billion; and

(A) No. 4, e.

I tried to secure a factory site 6,00 square meters to construct a factory on the land of this case purchased from the defendant, and the defendant introduced E, and the construction cost is paid between E and around July 2014.

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