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(영문) 울산지방법원 2016.06.09 2014가합709
공사대금 등
Text

1. Of the instant lawsuit, paragraphs 2, 9, 10, 17, 27, 28, and 28 of the attached list against the Plaintiff’s Defendant C.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”)’s conclusion and lapse of the contract for construction works related to the construction of a building.

A) Around April 2009, on the land outside Ulsan-gu D, Ulsan-gu, and four lots above the ground, the neighborhood living facilities and officetels of the first floor and the second floor above the ground (office 16 households, apartment house 63 households, hereinafter referred to as “instant building”).

(2) On November 30, 201, the Plaintiff (E Co., Ltd.) entered into a construction contract with Defendant B on the design, waterproof, waterproof, painting, design, and painting construction work (hereinafter “instant contract”) with respect to the construction of a new building, and the main contents are as follows.

Fairness: The construction amount from December 10, 201 to August 31, 2012: 950,000,000 won (excluding value-added tax, cash payment, KRW 750,000,000, and KRW 200,000,000,000): The construction amount may not be additionally requested under any pretext after the construction contract.

B. On April 20, 2012, Defendant B’s division and merger, Defendant C, the representative director of Defendant B, was incorporated by F Co., Ltd. (hereinafter “F”), and on June 18, 2012, Defendant B’s construction business was divided and merged into F.

C. On April 25, 2013, the Plaintiff drafted an agreement on the re-determination of the construction cost, with respect to the approval of the construction cost under the contract, the F, divided and merged, as the construction company, and the Defendant B, who is a party to the contract before the division, as the guarantee company, as follows:

Name of construction: Address at the site of new construction of G apartment: Ulsandong-gu and four parcels construction cost: KRW 1,155,00,000,000 for KRW 1,000,000,000 for KRW 1,15,000 for the construction cost, and type of construction including value-added tax: The construction cost, and the type of construction work: The construction cost, flooding, painting, unclaimed, waterway, painting (six types):

1. Details of the construction work on the part of the approval for the construction cost: The total amount of the substitute construction work for four households with four square-type apartment units (240,000,000 won per household unit): Four households x 240,000,000 = 960,000;

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