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(영문) 서울중앙지방법원 2018.02.09 2017가합524984
공사대금
Text

1. The Defendants shall jointly and severally pay KRW 9,241,00,000 and KRW 5,241,00,000 among the Defendants, with full payment from April 19, 2017.

Reasons

1. Facts of recognition;

A. On May 19, 2016, the Plaintiff: (a) was divided into a piece of land located in C with the number of the said lot on August 10, 2015, the land located in the public housing area, which was divided into KRW 11,598 square meters before E on August 10, 2015; and (b) the land located in the preceding E was divided into F in the public housing area on December 18, 2015; and (c) the area on the register was converted into KRW 11,543 square meters on the register.

As part of the execution of the instant project by Defendant Incorporated Incorporated Company A (hereinafter “Defendant A”), which implements the instant project for the development of D in Japan (hereinafter “instant project”), Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant A”), each of the construction works for constructing D buildings (hereinafter “instant construction works”) with a site size of 32,35 square meters, total floor area of 29,221.674 square meters, one underground floor, and four stories above ground (hereinafter “instant construction works”) was awarded a contract for the construction work of 13 months from the date of the actual commencement of the construction period, construction amount of 35,410,000 won (hereinafter “instant contract”), and Defendant B jointly and severally guaranteed all obligations owed to the Plaintiff under the instant contract by Defendant A based on the instant contract.

B. On June 8, 2016, the Plaintiff entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with the truster, Korea Trust Co., Ltd. (hereinafter “Korea Trust”) and Defendant A to which the truster, Korea Trust Co., Ltd. (hereinafter “Korea Trust”) are the trustee, the Plaintiff as the pilot, and the Defendant A is the Plaintiff: (a) the trust company has entrusted the instant trust with the Korea Trust with the E preceding 11,543 square meters and 21 square meters of land and the buildings to be completed by the instant construction (hereinafter “instant trust property”); and (b) the Korea Trust succeeds to the status of the project undertaker with respect to the instant project within the scope of the instant trust property; and (c) the Plaintiff, as the contractor of the instant Corporation, bears the responsibility for completing the instant project within the construction period under the instant trust agreement, and (d) the Plaintiff is within one month following each month under Article 14(2) of the Terms and Conditions of the instant trust agreement.

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