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(영문) 서울중앙지방법원 2015.01.21 2014가합516371

공사대금

Text

1. The Plaintiff:

A. Defendant B’s KRW 244,00,000 and annual 6% from December 31, 2010 to December 12, 2013;

Reasons

1. Basic facts

A. On September 2, 2009, Defendant B purchased land D in Seodaemun-gu Seoul (hereinafter “instant land”) and above ground buildings (hereinafter “instant old building”) and completed the registration of ownership transfer.

B. Defendant C is his father and wife of Defendant B.

C. Defendant C decided to break down the old building of this case and build a new building on the land of this case, and Defendant B obtained a construction permit on December 24, 2009.

On January 2010, Defendant C concluded a contract with the Plaintiff, a construction business operator, to build a new building on the instant land in KRW 500,000,000 (hereinafter the above construction work referred to as “instant construction work,” and agreed to include the scope of the instant construction work in the removal work, construction work, interior work, interior work, household and household and household and household management work.

The Plaintiff completed the commencement report on January 18, 2010, and started the instant construction work around that time.

E. Defendant C paid KRW 216,00,000 in total to the Plaintiff on January 30, 2010, and KRW 100,000,000 on June 30, 2010, and KRW 23,000 on November 23, 2010, and KRW 2,000,000 on December 1, 201, and KRW 15,000 on December 15, 2010, and KRW 4,000,00 on December 31, 2010.

F. Around December 8, 2010, the Plaintiff completed the instant construction and delivered the instant building to the Defendants at that time. Defendant B obtained approval for the use of the instant building on December 8, 2010, and completed registration for the preservation of ownership on the instant building on December 21, 2010.

G. Defendant C, on December 2010, deducted KRW 30,000 from the construction cost of the instant work from the purchase cost of household appliances purchased by Defendant C and installed by Defendant C for the purchase of household appliances, which were included in the scope of the instant construction work, from the purchase cost of household appliances. Defendant C would deduct KRW 10,000,000 from the repair cost to repair defects incurred in the instant construction work.