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(영문) 수원지방법원 2017.11.14 2016나20746

양수금

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The Plaintiff’s determination as to the cause of the claim is that, around April 11, 2011, the Plaintiff entered into a contract for the new construction of a multi-household E on the ground of Gyeonggi-si, Gyeonggi-do, and held a claim for construction cost of KRW 154 million in total after completing the construction work. Meanwhile, the Defendant, on February 26, 201, included the following facts: (a) the construction cost of the new construction of a Gyeonggi-si F Multi-household Housing (hereinafter “Dong”); (b) KRW 610 million in construction cost; (c) the construction period of KRW 50 million in total; (d) the construction period of KRW 12 household units on the ground (hereinafter “this case’s new construction contract”); and (b) the Plaintiff’s new construction contract number of KRW 70 million in total (hereinafter “this case’s new construction contract number”) from February 26, 2011 to July 30, 2011, including the Plaintiff’s new construction contract number 200 million (hereinafter “this case’s new construction contract”).

Therefore, unless there are special circumstances, the defendant is obliged to pay the above amount of KRW 200 million and the delay damages to the plaintiff.

2. Judgment on the defendant's defense, etc.

A. The Defendant asserted that C had suspended construction work on August 201, 201 and completed the construction work on the end of the year 201, and completed the first unit construction work on January 201, 201.

The defendant agreed to pay the price of the work in advance with C and G, and accordingly C has been completed out of the total amount of KRW 610,000,000,000,000.