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(영문) 인천지방법원 2015.08.28 2013가합18734

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 7,504,085 as well as the full payment from August 29, 2015.

Reasons

1. Basic facts

A. A. Around March 2013, the Defendant entered into a contract with Enobya Co., Ltd. (hereinafter “Enobya”) on the construction of multi-household housing (hereinafter “multi-household housing”) on the instant building (hereinafter “instant building”) with Enobya, under which the Defendant entered into a contract with Enobya for the construction of the instant building (hereinafter “the instant construction”).

Since then, the defendant and Lee In-bok agreed to reduce the above construction cost to KRW 160,000,000 due to disputes related to the details of the use of the construction cost.

B. On May 15, 2013, the Defendant concluded a contract between the Plaintiff and the Plaintiff under which the construction of the instant construction period was fixed from May 15, 2013 to July 31, 2013 (hereinafter “instant construction contract”).

C. The Plaintiff completed the instant construction around August 23, 2013, and the Defendant completed the registration of ownership preservation on the instant building on September 16, 2013.

From June 10, 2013 to October 8, 2013, the Defendant paid the Plaintiff the construction cost of KRW 430,000,000 in total, and around October 16, 2013, the Plaintiff paid the construction cost of KRW 40,000 to the Plaintiff’s sewage supplier and paid KRW 470,000,000 in total.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3 through 9, 11 through 15 (including paper numbers; hereinafter the same shall apply), Eul's 1 through 13, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant basic construction cost is KRW 590,00,00,00 as indicated in the construction contract (Evidence A) submitted by the Plaintiff. A construction contract (Evidence B (Evidence A) submitted by the Defendant submitted by the Defendant is necessary to lower the acquisition tax imposition rate at the time of registration of initial ownership transfer on August 2013, 2013, and it is not a construction contract duly formed upon the Defendant’s request. (2) In addition, the instant construction work is identical to the attached Table 1.