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(영문) 서울중앙지방법원 2017.08.24 2015가합571320
공사대금
Text

1. Defendant Dui Construction Co., Ltd.: 131,00,000 won for Samwon Co., Ltd. and 127,440.

Reasons

1. Facts of recognition;

(a) Party’s relationship 1) Defendant E, F, G, H, I, J, K, L, M, N,O, P (hereinafter “Defendant’s members”);

) The apartment of this case (hereinafter referred to as “the apartment of this case”) is composed of 19 households, composed of 12 households located in Seocho-gu Seoul, by reconstruction of Sluice and consisting of 19 households, of underground floors and 11 floors above ground in the same location.

) A new project (hereinafter referred to as “instant project”)

2) Defendant 2 Construction Co., Ltd. (hereinafter referred to as “Defendant 2 Construction”)

The construction of the apartment of this case (hereinafter referred to as the “instant construction”) from the Defendant’s members.

(2) The Plaintiffs were awarded a subcontract for a part of the instant construction works from Defendant Two Ri Construction.

B. On December 7, 2013, the Defendant Mutual Aid Association members concluded a contract for construction of the instant construction project from March 1, 2014 to February 28, 2015, setting the construction cost of KRW 2,698,963,00 as the construction cost, and the construction cost of the instant apartment is set at KRW 2,698,963,00. Upon completion of the instant apartment, the 12 of the instant apartment is owned by the Defendant Mutual Aid Association members, and the remaining seven of the households are the shares of the Defendant Mutual Aid Association members. The said seven households are the shares of the Defendant Mutual Aid Association members, and the construction cost and other business expenses are to be paid as the sale price and the construction cost and all of the funds management related to the instant project are to be delegated to the trust company (hereinafter “instant business agreement”).

The main contents of the first project agreement of this case are as follows. 3. The method of the contract is to newly construct the building of Seocho-gu Seoul Metropolitan Government R as a 19-household apartment building and to newly construct 12 households to the existing owner (the Defendant members; hereinafter “owner”).

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