beta
(영문) 수원지방법원 안양지원 2018.11.28 2017가단4193

공사대금

Text

1. The Defendant’s KRW 21,525,160 as well as the Plaintiff’s KRW 6% per annum from April 21, 2017 to November 28, 2018, and the following.

Reasons

1. Basic facts

A. The Defendant decided to newly construct a house on the ground of the wife population C (hereinafter “instant house”) and delegated D with all duties concerning the said housing construction.

B. On September 6, 2016, D obtained permission for the construction of the instant housing (hereinafter “instant construction”) under the name of the Defendant, and requested the said construction work to the constructor E who was aware of the construction from the previous date. D agreed to implement the instant construction work at KRW 3,500,000 (total 30 square meters) on the average, referring to the foregoing design drawings.

C. Around that time, the Plaintiff performed the instant construction work. The Defendant paid F account KRW 70,00,000,000, each of the KRW 15,000,000 on September 27, 2016 and October 11, 2016, and KRW 20,000 on October 24, 2016, and KRW 10,000,000 on November 8, 2016, respectively.

In addition, the Plaintiff transferred the total amount of KRW 16,147,840 to the subcontractors of the instant construction project, including G Co., Ltd.

E. On April 4, 2017, the Defendant completed registration of initial ownership relating to the instant house.

[Reasons for Recognition] Facts without dispute, Gap's 1, 2, 6, 8, Eul's 1 and 5 (including additional numbers), Eul's E's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Claim 1) The Plaintiff agreed with the Defendant on the construction cost at the time of the instant construction contract at KRW 3,50,000 (excluding value-added tax). The Defendant additionally requested and implemented the instant construction work at a cost equivalent to KRW 2,673,00 (including value-added tax). The Plaintiff completed the instant construction work according to the instant construction contract, and the Defendant completed the registration of ownership preservation on the instant housing. The Defendant completed the registration of ownership preservation. The Defendant: (a) [3,50,000 x 3,500 x 3,500 x 300 x 300 x 30 x 30 x 30 x 10 x 10 x 10 x 10 x 100 x 32,673,000 x 10 x 10 x 160 x 118,173,000 - 700.