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(영문) 청주지방법원 2014.05.14 2012가합3477

공사대금 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 52,133,00 to the Plaintiff (Counterclaim Defendant) for KRW 52,13,00 and the amount from June 8, 2012 to May 14, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 20, 2010, the Plaintiff is the trade name of the owner of the building and the owner of the building and the owner of the private enterprise that the Plaintiff is represented by the Defendant and the owner of the building and the owner of the building D.

As a result, a contract for construction work (hereinafter “instant construction contract”) was concluded to newly construct tree housing (hereinafter “instant housing”) and the main contents are as follows.

1. The name of the Corporation: Meine housing (pine housing developed by D);

2. Place of the construction: Cheongju-si C (189 square studio).

3. Construction period: June 20, 2010 first day of approximately 90 days, and completion September 20, 2010 (pre-determined).

4. Construction cost: 618,00,000 won by clarifying the 614 other basic and independent construction works, and the details thereof shall be recorded and recorded in the specifications and the annex.

- observers furniture (abund), retaining wall, stone embankment, etc.

B. At the time of the instant construction contract, the Plaintiff and the Defendant set the construction cost on the basis of KRW 3,00,000 per square year for the housing portion, and KRW 1,500,000 per square year for the tea portion, and the sum of other expenses.

C. The construction of the Cheongju-gu E (F) road, which is an access road to Cheongju-gu, U.S., the construction site of the instant house, was commenced on April 8, 2010 and completed on October 4, 2010.

On November 26, 2010, certified architect G applied for the building permit of this case on behalf of the defendant.

On December 8, 2010, the Plaintiff reported the commencement of construction and implemented the construction of the instant housing (hereinafter “instant construction”) and obtained approval for use on May 24, 201.

The defendant is running a rental business in the house of this case until now.

E. From March 25, 2010 to January 9, 2012, the Plaintiff received KRW 573,00,000 as the construction price under the instant construction contract from the Defendant.

F. It means the total floor area of the residential area of the instant housing, but is limited to “area” for convenience.

The construction contract of this case is more than the area scheduled at the time of the construction contract of this case.