(영문) 창원지방법원 2019.04.11 2018가단113051

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(영문) 창원지방법원 2019.04.11 2018가단113051

공사대금

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1. The Plaintiff:

A. The Defendant’s designated party shall be KRW 160,376,400 and that shall be from February 22, 2017 to August 7, 2018.

Reasons

1. Basic facts

A. The party’s relationship 1) The Defendant’s designated party is a corporation aimed at building construction business, etc. and the Appointed C Co., Ltd. (hereinafter “Appointed”).

2) D is a personal entrepreneur operated by the Defendant’s husband E and operates a construction business.

B. 1) The Appointor’s conclusion of the construction contract is the executor and the Defendant’s Appointed Party’s Appointor-gun F building in the capacity of the contractor (hereinafter “instant building”).

2) On July 21, 2016, D entered into a sub-subcontract with respect to the interior interior interior interior interior interior interior interior interior works with a construction cost of KRW 6.5 million.

3) G was unable to proceed with the construction due to financial shortage, etc., and the Defendant Appointed Party and D recognized the term construction work with G as KRW 312,00,000 among the interior interior interior interior interior interior interior interior interior interior interior interior interior works, and entered into a re-subcontract with respect to the remainder construction works as KRW 312,00,00 (including purchase tax 4%). As to the remainder of the construction contract, as to KRW 150,000,00,000 (including purchase tax 4%), G provided one unit of newly constructed building as a collateral for the remainder of the construction contract, and agreed to pay the remainder after realizing a security paid as a substitute after the completion of the building. 4) The instant building was completed and obtained approval for use on February 21, 2017.

Afterwards, registration of preservation of ownership of the building of this case has been completed in the future of the designated parties.

5) D urged the Defendant’s appointed party to pay the construction price as well as the loan security was not received from the Defendant’s appointed party. On July 12, 2017, the amount calculated by deducting the unpaid amount of construction price from KRW 160,376,400 (the unpaid amount of KRW 162,00,000 from the outstanding amount of KRW 1,623,60,000 from the outstanding amount of KRW 162,00,00 from the outstanding amount of KRW 1,623

As a result, H units of the instant building are recognized as KRW 156,00,000 among the instant buildings in accordance with the method of payment.

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