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(영문) 인천지방법원부천지원 2016.06.10 2015가단11689

양수금

Text

1. The Plaintiff, and Defendant B, Defendant C, and D, respectively, KRW 5,996,985, and each of them from April 28, 2015. < Amended by Act No. 14478, Apr. 28, 2015>

Reasons

1. Facts of recognition;

A. The Plaintiff received the claim against E’s net F (Death on February 22, 2015) as follows. The Defendants are the deceased F’s heir, and Defendant B is the deceased F’s spouse, Defendant C, and D are the children of the network F.

[The above contract of July 1, 2014] The above contract amount includes all expenses until the completion of the new construction of a factory.

E shall thoroughly manage and supervise safety management and all matters, and shall perform all responsibilities and duties.

E shall pay a penalty for delay to F within the statutory limit, if the agreed construction date exceeds 15 days without permission.

[Contract for the Change of August 19, 2014] The amount of the construction project is the amount which includes all the amounts required on the completion of the construction project.

B. On July 1, 2014, the NetworkF entered into a contract with respect to the construction of a new site G G plant (hereinafter “instant construction”) on July 1, 2014, with respect to the construction cost of KRW 150,000,000,000, and the construction hours from July 1, 2014 to September 30, 2014. On August 19, 2014, the networkF entered into a contract with each other under which the construction cost shall be increased to KRW 190,00,000, and 30,000,000, whichever is later than 30 days after the completion of the construction of the building, by reserving the construction cost of KRW 12 months after the completion of the construction at the cost of repair of defects.

(hereinafter referred to as “instant contract” in addition to both the above contract and the amendment contract. The main contents of the instant contract are as follows.

C. On August 2014, E determined the construction cost as KRW 139,70,00 for H and the instant construction work, and concluded a subcontract with the period of construction as determined from August 23, 2014 to September 30, 2014, by paying KRW 50,000,000 for the steel column entry, KRW 30,000 for the steel frame entry, KRW 40,000 for the steel frame entry, and KRW 40,000 for the steel frame materials storage, and one month after the remainder completion.

A factory newly constructed through the instant construction project was approved by the head of the I Eup on December 31, 2014.