logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.08.18 2018나115236
청구이의
Text

The judgment of the first instance shall be modified as follows:

On the basis of the preliminary claims added at the trial, the defendant.

Reasons

1. Facts of recognition;

A. The plaintiff A constructed the E building Fdong (hereinafter "the building of this case") on the land of Da and H in Tae-gun, Chungcheongnam-gun, Chungcheongnam-do and Ha (hereinafter "the building of this case") and completed registration of preservation of ownership on May 27, 2008.

B. Plaintiff A leased the fourth and fifth floors of the instant building to Plaintiff B, the registration of ownership preservation of which was completed.

Plaintiff

B In order to operate “I” and “J main points” on the fourth and fifth floor (hereinafter referred to as “mutually indicated”), G contracted to work for the installation of interior interior interior interior interior interior interior interior interior interior interior 280 million won and from August 1, 2008 to September 10, 2008.

(hereinafter “instant construction project”). C.

G suspended construction works upon receiving construction materials from the Defendant on credit, and transferred the status of a contractor for a construction contract to the Defendant on August 21, 2008.

Although the plaintiff B, who is the contractor, is indicated as a party in the contract for the transfer and acquisition of the above construction contract, the transferor G, transferee, the defendant, and the plaintiff A, who is the witness, have entered and sealed the details as follows:

In fact, the Defendant continued to supply G with funds and construction materials, and the Plaintiff A executed funds and paid 50 million won out of the construction cost to G upon completion of the construction work.

(3 pages of the preparatory brief dated May 9, 2018). 2. Terms and conditions of transfer or acquisition of the plaintiff

A. The transferor’s obligation to the transferee of the building materials amounting to KRW 60 million shall be paid in set off against the transferee’s transfer amount, and the transferee shall pay KRW 50 million to the transferor at the same time as the transferee receives all the construction cost from the contractor after completing the construction work by acquiring the above construction contract after completing the construction work.

Provided, That if the transferee fails to receive all the balance from the contractor, the date of payment shall be extended until the payment is made.

On the same day, the plaintiff B, A, and the defendant set forth a separate special agreement with respect to the instant construction project, and the plaintiff A.

arrow