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(영문) 대전고등법원 2020.05.20 2019나14323
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

around April 2016, Defendant B entered into a contract for private construction works with D Co., Ltd. (hereinafter referred to as “D”) with the amount of construction cost of KRW 750,00,000 for the construction work for the construction work for the new construction of a multi-household (Ldong), G, H, I’s ground-based multi-household construction work (Mdong), J, and K ground-based multi-household construction work (Ndong), which is KRW 750,000,000, respectively, and on July 7, 2016, each real estate was registered for ownership transfer.

On the other hand, Defendant C, the spouse of Defendant B, was appointed as an outside director of D around June 20, 2016.

T Around April 2016, with respect to the construction work of the Jung-gu Seoul Special Metropolitan City O, P, Q and Q ground E-Dong (Sdong), W entered into a private construction contract with D for the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction of the construction of the construction of the new construction of the new construction of the R-dong (V Dong) with D each amount of KRW 750,000,000 between D and D, and thereafter the construction contractor of each of the above construction was changed to U.S.

D Around May 2016, between X Co., Ltd. (hereinafter referred to as “X”) and five new construction works of reinforced concrete (hereinafter referred to as “instant reinforced concrete construction”) among five new construction works of multi-household housing (hereinafter referred to as “multi-household housing construction”) on each of the above real estate, D entered into a subcontract (hereinafter referred to as “instant subcontract”) with the construction cost of KRW 710,000,000, and Defendant B jointly and severally guaranteed the payment obligations of the construction price for X.

D and X calculates the total construction area of the instant multi-household housing with respect to the method of construction payment and payment as 1,184 square meters, and pays 710,000,000,000 won for the said subcontract to X among the multi-household housing in this case as substitute goods, and the remainder calculated by subtracting the secured loan amount with respect to the said household from the amount equivalent to 90% of the sales price for one household, and the remainder calculated by deducting the secured loan amount with respect to the said household from the amount equivalent to 90% of the sales price for one household, shall be paid in cash.

The method of the progress of construction works shall be classified by process.

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