logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.14 2017나2070176
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport.

Reasons

1. Basic facts

A. On March 10, 2013, the Defendants entered into a joint investment contract with the content that the Defendants would jointly distribute the proceeds by newly constructing one urban-type residential house of approximately 181.4 square meters on the above land, which is owned by one half of the shares of Pyeongtaek-si D and 306 square meters in E, which are owned by Defendant C’s sole ownership of the above land, and the above D land is divided into owned by Defendant B’s separate ownership of each of the above land, and approximately 181.4 square meters on the land above E, and approximately 167.1 square meters on the land above D land, and then jointly distribute the proceeds. At that time, Defendant C conferred the right of representation on Defendant B regarding all of the duties, such as entering into a contract for the construction of a new urban-type residential house of approximately 167.1.

B. After that, between the Plaintiff and the Plaintiff on August 20, 2013, Defendant B entered into a construction contract, on behalf of the Defendant C, to newly construct an urban-type residential housing of 24 households on the said land (hereinafter “second-class residential housing”) with the cost of construction KRW 5.45 million, and on behalf of the Defendant C, with the cost of construction KRW 553 million (hereinafter “second-class residential housing”) for each construction contract for each construction contract for each of the instant construction works (hereinafter “each of the instant construction contracts”), and the main contents of each of the instant construction contracts are as follows.

The construction period of the first-class housing construction contract (No. 5-2): 1/100 (the number of days due to rain, natural disaster, civil petition, change of materials, consultation, etc.) and other matters shall not be calculated as 3% project owner: the construction license shall be borne by 3% project owner.

The construction period of the second housing construction contract (No. 5) : the commencement on August 20, 2013, and the completed contract amount on January 30, 2014: 553 million won (the supply price of KRW 5.1.8 billion, value-added tax 501.8 million): the advance payment of KRW 50 million: the bank loans and loans after completion.

arrow