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(영문) 인천지방법원 2020.06.19 2017가단13976

공사대금

Text

1. The Defendant’s KRW 45,164,749 as well as 5% per annum from November 29, 2019 to June 19, 2020, and the following.

Reasons

1. Basic facts

A. The Defendant’s conclusion of the instant land sales contract and payment of the price thereof 1), D forest land 1,777 square meters (one thousand and seven hundred thousand square meters on November 18, 2016, registration conversion, partial subdivision on November 22, 2016, and land category change on February 27, 2017.

"The land of this case" in total before and after it is called "the land of this case"

(2) The Defendant purchased the instant land from E and F around June 30, 2015.

On the other hand, a sales contract was prepared on March 3, 2016, stating that the Defendant purchased the instant land from them in KRW 430,000,000.

3) On June 30, 2015, the Defendant remitted each of KRW 15,00,000, a total of KRW 30,000,000 to E and F, respectively. (4) The Defendant completed the registration of ownership transfer on the instant land on April 5, 2016, based on the said sales contract concluded on March 3, 2016.

In addition, the defendant borrowed 280,000,000 won from the IBK Bank as a loan for small and medium enterprise facilities, and transferred 165,000,000 won each to E and F on the same day.

B. The Plaintiff and the Defendant’s construction contract, etc. 1) The Plaintiff and the Defendant entered into a construction contract dated June 30, 2015 (No. 6, hereinafter “the first construction contract”).

2) The Defendant prepared the instant plant (hereinafter referred to as the “instant plant”) on the land of this case.

(2) The construction of the new construction project (hereinafter referred to as the “instant construction project”)

(2) The Plaintiff and the Defendant drafted a construction contract (Evidence A; hereinafter “Second construction contract”) on March 11, 2016, with the payment of KRW 500,000 (excluding value-added tax).

This is that the Defendant gave to the Plaintiff the contract for the instant construction cost of KRW 523,00,000 (excluding value-added tax).

3) The Plaintiff and the Defendant conclude a construction contract dated April 6, 2016 (Evidence A2, hereinafter “third construction contract”).

2) The Defendant prepared the portion of the civil engineering works of this case to the Plaintiff, which is KRW 162,00,000 (value added tax).