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(영문) 광주고등법원(전주) 2016.08.18 2015나330

공사대금

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked and corresponding to the revoked part.

Reasons

1. Basic facts

A. From August 24, 2011, the Plaintiff was running the construction of a new building (hereinafter “instant construction”) of a detached house (a shop and multi-family house) (hereinafter “instant building”) on the D site in the Seoul Special Self-Governing City, Yan-gu, Seoul Special Metropolitan City (hereinafter “instant building”).

B. On October 20, 201, the Defendant purchased the instant building site from C and completed the instant construction with the Plaintiff and the Plaintiff’s completion date on December 30, 201; the construction cost of KRW 417 million; the contract deposit of KRW 35 million (including value-added tax: the payment date; October 20, 201); the intermediate payment amount of KRW 160 million (payment date: November 10, 201); the remainder amount of KRW 220 million (payment date: December 30, 201); and the construction payment of KRW 1 million (payment date: December 30, 201); and the construction payment of KRW 20 million (payment date: December 30, 201); and the construction payment of KRW 1 million (hereinafter “instant construction contract”); and the construction payment of KRW 35 million (hereinafter “the details attached to the instant construction agreement”). The details attached to the instant construction agreement and the execution agreement (hereinafter “the instant construction agreement”).

Contract Agreements

1. The payment of any balance shall be replaced by a rental deposit, and upon completion, a charter agreement shall be prepared and processed with the same amount as the remainder to the Plaintiff;

2. The name of the owner shall be changed on the date of intermediate payment;

3. A contract in the present state shall be based on mutual screen pictures; and

On October 21, 201, the Defendant decided to succeed to the right to collateral security of land on the remainder date of land (the intermediate date of construction supply and demand contract) and the financial costs of land loans are borne by the contractor.

-Attachment I of the Detailed Implementation Details Convention - Paper I of the Construction Contents Convention:

(a) Details on the fourth floor and rooftop, that is, the main household;

1. The construction and installation of all the four stories are equivalent to the apartment level that is being constructed as of October 201 (the corresponding to all the accessorys, such as toilets and changeers) - Additional costs;

2. The entrance of the fourth floor shall be installed at the middle of the third floor and the fourth floor, and the entrance through the fourth floor from the entrance of the entrance of the fourth floor to the fourth floor, and the knife shall be installed.