beta
(영문) 대전지방법원서산지원 2016.11.16 2015가단54853

공사대금반환

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 47,800,000 won and 5% per annum from September 17, 2015 to December 4, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s land purchase circumstance 1) Defendant B and D are as follows: (a) Defendant B and D indicated on June 25, 2015, G forest land G 3458 square meters from Seosan-si, Seosan-si (hereinafter “real estate location”) only on the address below the lot number.

(2) On July 9, 2015, H. 482 square meters and I forest 1810 square meters, purchased the purchase price of KRW 220 million on the date of the contract, KRW 40 million on July 31, 2015, and KRW 165 million on September 24, 2015, respectively, to pay KRW 90 square meters on the purchase price of KRW 25 million on the I forest 1810 and KRW 1810,000 (the agreement that KRW 20,000 on August 28, 2015, KRW 90,000 on the purchase price of KRW 20,00,000,000 and KRW 1810,000,000 on the purchase price of KRW 28,00,000 on the forest 9,000,000 on the forest 20,000,000).

(hereinafter referred to as the “instant site”) the forest land in the said two parcels purchased by the Plaintiff.

1) On July 27, 2015, the Plaintiff entered into a construction contract between the Plaintiff and the Defendants with respect to the construction work (hereinafter “instant construction work”).

A) A contract for construction cost of KRW 239 million was awarded to Defendant B on July 28, 2015, and transferred KRW 23.9 million to Defendant B on July 28, 2015. At the time, the Plaintiff and Defendant B drafted a construction performance agreement with the following contents in their names, and completed notarial acts thereon (No. 1787, such as the office of notary public, etc.).